Correction Of The Employment Policy Of University Research Items To Absorb Graduates By Laws

It is an employment promotion policy of our government that the university research items can attract college graduates in the context of the financial crisis. There are the employment contract in the field of individual-based law and the labor contract in the field of community-based law. However, the policy can not be fully inclusive by the above laws, and it is apparently contradict with the laws. To avoid this new policy only be used now, rather than long-term viable. It is necessary to remedy the bias policy by law. Taking use of the stability and felicitousness of laws to ensure the policy is unity, stability, long-term viable and legitimacy. Only in this way the policy can become a long-term employment system, to provide effective legal protection for the rights of the parties in employment agreement, and thus promote the good and steady running of the system.This article mainly used the method of text studies. Taking use of comparative approach, analyzed the data about this policy to accurately identify and ask questions; taking use of law hermeneutic method, further sort out the problems of the policy and its relationship with the law, pointed out a solution framework, that is the subsumtion to civil law, or to the subsumption to labor law, or to make a system innovation outside the legal framework; using the method of Law and Economics analysis the ideal form of balance under the civil law system and the employment and labor law system; taking use of sociology of law methods described the reality of law enforcement status, used the idea of result fairness to balance the interests between Employers and employees; finally taking legislative approach, drew "social demand of order" for the motivation to achieve the improvement of the policy, to avoid the utilitarian view of the law.This article includes three chapters, the first chapter introduces background and main content of the policies that research items to absorb graduates, interpreted the policy and pointed out the creativity and the main problems, include the.discomfort within policies their own and the confliction with the legal environment two aspects; the second chapter took use of the Theory of Law, assigned the policies into civil law and social law two areas to contrast, define the policy should be based on Social Law; the third chapter presented specific policy recommendations, including:the scope of research projects, the parties of service agreement, the legal nature of service agreement, the setting of rights and obligations, the method of dismissal and economic compensation. In this way, to achieve the connection of policies and laws, ultimately backed on the law, guided by the policy, correctly determine the rights and obligations of graduates as well as universities, to arrive at the unification of legal effect and social effect.