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On The Legislative Purpose Of The "Employment Contracts Law"

Posted on:2013-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z H HuangFull Text:PDF
GTID:2246330377959724Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Positioning on the legislative purpose in the beginning of the drafting of the"Employment Contracts Law" most disputed, has gone through four changes, until after theimplementation of the "Employment Contracts Law", around the legislative purpose of thedebate is still not subsided, but growing,potential, which fully shows that we need to"Employment Contracts Law" in the legislative process, the implementation of the effect andits underlying complexity of the interests of the game, re-re-reflection of the controversy ofthe legislative purpose of the Employment Contracts Law. There has been a single protection"(protection of laborers’ legitimate rights and interests) and" dual protection "(protection ofworkers and employers the legitimate rights and interests) debate on the legislative purpose inthe legislative process of the" Employment Contracts Law ". Economic downturn in theglobal environment under the influence of the discussion of the "Employment ContractsLaw" is more and more extreme and political trend-the "support" and "oppose" the two sides,is simply divided into labor spokesperson,"and" employers advocate "for the normaltrade-offs into a" correct political orientation "distinctive banner. This erroneous tendency toeasily exacerbate the social reality in the labor-management conflicts, and the resulting socialproblems will eventually deviate from the original intention to build and develop harmoniousand stable labor relations legislation. In fact, hidden in the "single protection" and"protection" argument behind the essence of how legislation can be able to maintain the"fairness and justice," the basic objective of this legislation to better address the rights andobligations of labor relations between the parties configuration problems. Concerned aboutthe controversy differences between the two sides of the process, we should emphasize thecommonalities between the two-in order to make the law better implementation of thedifference between the two are just different methods, different angle, position and purpose infact are consistent. Only to admit it, we might be rational to look at the debate, and helps usto understand, recognize the "Employment Contracts Law", to help us make better use of the"Employment Contracts Law".
Keywords/Search Tags:Employment Contracts Law, The legislative purpose, Tilt protection, Legislation
PDF Full Text Request
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