On The Applicable Law Of Employment Contract With Foreign Elements And The Perfection Of China's Legislation

The issue of the applicable law of employment contract with foreign elements has been existed for a long time,each individual country prescribed the issue considerably in their private international law. With the maturing and perfecting of the theory in private international law,the applicable law of employment contract with foreign elements has got development.From the 1930's,each country has gradually realised the necessity to contral the economy, for the influence of economic crisis. It has become the common sense to restrict the "meaning autonomous principle" in some special area. private international law attention to the protection of vulnerable group's interest in the international private and business intercourse,with the development of human rights theory.Under the common sense, the principle of the law applicable of emploment contract with foreign elements has got gradually perfecting.Looking into the realisation of our country, the reformation are continuing, international investing and trading get the perpetual development. But by contrast to it,we haven't established the rules on the law applicable of employment contract with foreign elements. So the content of this essay is: how to establish the rules on this question , which can integrate into the legislation of our country. The content of the first part is about the definition of the emploment contract,the conflict rules regulates the individual emploment contracts. By analyzing the rules of EC Convention on the Law Applicable to Contractual Obligations and some other contries in the second part, I find that we must establish the rules of the law applicable of employment contract with foreign elements according to the reality of our country.In the third part, I propose the legislation suggestion. Fortunately,the scholar in private international law has concentrated an amount of their energy on the theory, which providing the valuable theoretical basis for the research.Futhermore,the applicable law of employment contract with foreign elements cannot indenpence in the system of private international law.Practically,each individual country has its context of private international law theory and system, See to the rules of EC Convention on the Law Applicable to Contractual Obligations and some other countries,there are significantly relationships between the rules of the applicable law of contract with foreign elements and that of emploment contract with foreign elements.The fact verify that it can realise the veracity and legal intent.