The Social Law Attribute Of Chinese Labor Contract Law

The legal system structure in modern society has from the system consisting of public law and private law developed into the system of public law, private law and social law. Social law can be defined as the third law region with the idea of the substantial fairness and the principle of protecting the laborers. As an important part of the labor law, the labor contract law should belong to social law. This paper demonstrates the attribute of the labor contract law which is social law from the jurisprudence, history, reality and institution. The "Labor Contract Law" published in 2007 impenetrates the principle of the social law which is protecting the laborers'legitimate interest. It fully reflects the idea of the social law which is the substantial fairness.This paper consists of six parts. The first part is an introduction mainly introducing the research background and situation. The second part is defining the labor contract law and social law. Social law is the third law region besides public law and private law with the idea of the substantial fairness and the principle of protecting the laborers. The third part is educing the theoretical argument about the attribute of the labor contract law. The attribute of the labor contract law is social law whether in west or China. The fourth part is proving the attribute of the labor contract law. The demonstration surrounds the evolution of the attribute, the attribute of the labor relation and the attribute of the labor contract. The evolution of the western labor contract law, the double attribute of the labor relation and the social character of the labor contract both universally prove the attribute of the labor contract law which is social law. The fifth part is specifically investigating Chinese labor contract law. The demonstration surrounds the historical evolution, the basis of the orientation and the institutions of Chinese labor contract law. The sixth part is a conclusion. According to the trend of deregulation appearing in west, this paper affirms the social law attribute of Chinese labor contract law combining with Chinese background that is severe employment situation and the laborers'continuous weakness. The idea of protecting the laborers in The "Labor Contract law" is completely right.The creation of this paper is holding the standpoint of value neutrality, according to the rational thought, returning to the attributive research of the labor contract law as it ought to be. This paper systematically describes the development of the attribute of the labor contract law, constructs a clearer argument theory and incidentally inspects some theories of social law.