On The Rethinking And Reconstruction Of Chinese Labor Contract Rescission System

In a society taking the market as main means of regulating the labour force resource, establishment of a labour relation mainly depends on a labour contract. Although it is one type of contracts, based on party autonomy of one party, it is not one completely based on private law. It is hard to achieve real party autonomy in a condition that contract terms are hard to be equally negotiated between management and work force because of substantially unequal positions therebetween. Therefore, law is necessary to be involved to balance interests of both parties. Based on realistic national conditions of excessive work force, law usually inclines to work force. However, labour law is one for regulating labour relations, relating to interests of both parties, thus, inclination doesn't equal partiality, which is means aiming at achieving substantial equality between both parties, that's where the legislative value of labour law lays. Labour contract rescission system of labour law is naturally guided by the legislative value. After issuance of'Labour Contract Law', our country's labour contract rescission system has gotten great progress, but there are still a lot of deficiencies if taking mentioned legislative value of labour law as a reference.This paper is mainly divided into four parts as follows, the first part is a general overview briefly summarizing labour contract rescission system and differentiating relative definitions involved in the paper, the second part discusses the legislative value of labour law and labour contract rescission system and tries to establish judgment criteria for differentiating our country's labour contract rescission system in the current stage, the third part is reflection of our country's labour contract rescission system under guidance of the legislative value, stating its advantages and disadvantages, the fourth part is correction opinions pointing to said deficiencies.