Evasion Of Law In The Labor Contract Law

Evasion of law in the field of domestic law has gained more and more attention from the scholars, but most of the scholars just criticize it and point out that Evasion of law is wrong. They did not do a deeper analysis to find out the causes of this phenomenon. The paper will use the sensational Huawei Event as a material and with the economic approach to point out the problems of the theory and legislative practice of China. We hold the opinion that our country should pay a lot of attention to the event, find out the drawbacks in the legislative process and make the legislation in line with the market economy to solve the problem more effectively in Chinese legislative practice. Specifically, the paper is divided into the following four parts:The first part is the process and analysis of the event."Law of the people’s republic of China on employment contracts "caused a lively discussion and a lot of evasions of law. The most famous evasion is Huawei Event, the event exposed many defects of the new law, which we should attention to.The second part is the law of the employment contracts and the freedom of employment contract. In the field of employment contract the freedom of contract is also suitable. Employment at will benefits both sides, the intervention of freedom will lead to the ascension of the transaction coats, waste the social resources and slow the growth of the social wealth. This is also why Huawei Event happened.The third part is the inspiration. The defects of the new law warn us that good legislative mind is not equal to good results, legislation needs to maximum the benefit.The fourth part is the conclusion.