On The Foreign Labor Contract Law In The Protection Of The Interests Of The Weak

Foreign labor cooperation and exchanges have been around forever, with theacceleration of integration processes in the development of the world economy,foreign labor cooperation and exchanges in China continues to develop, foreign laborcontract value increased from230.39billion dollars in2001to1262.10billion dollarspercent in2010. According to Ministry of commerce statistics,2011China’s foreignlabor cooperation service officers452,000people, representing an increase of41,000people last year, contracted projects under its labor243,000people, sent209,000people under labor cooperation. Labor contracts signed a few per cent in2001to percent in2010. However, foreign-related labor contract law applicable to the issue ofprotection of the interests of the weak is also growing. Value orientation ofcontemporary private international law whether in still in the legislative developmentof technologies have come a long way, for the protection of the interests of the weakreflecting the development orientation of contemporary private international law, theformulation of national legislation and international treaties are important guidingsignificance to enable countries in foreign-related labor contract legislation isincreasingly focusing on the labor contract law in the protection of the vulnerableparty. Because market economy self regulation of destructive, Government in oneconomic for management of process in the strengthening has on market ofintervention, this on "mean autonomy principles", and "most close contact principles",and "public order retained principles", and "directly applies of law", traditional offoreign labor contract legislation principles made has new of requirements,"weakinterests protection principles" in foreign labor contract of legislation process in theare has follow-up, for foreign labor contract legal applies in the of weak interestsprotection provides has legal pursuant to. The rights and interests of the weaker partyhas become a new trend of the development of international private law, privateinternational law more humane care of the weak, is the embodiment of the idea ofhuman rights.1968Brussels people commercial thing jurisdiction right and judgmentrecognized and implementation under17article mentioned on weak of interests protection, United Kingdom of famous international private law home Morris in its bys of legal conflict law under in the on performance out has protection weak party ofthought; original Croatia Republic international private law home· Professor NatekeKaticic in its by s of international private law under a book in the, from humanitariandeparture, spoke has protection weak party principles; Kaffirs made has priorityprotection weak party of "priority principles"; Francescakis’s "directly applicable law"theory is also included the protection of the interests of the weaker party benchmarks.1986Professor Li ShuangYuan in his international private law (conflict of laws article)first "principle of protection of legitimate interests of the weaker party" as aninternational law to fix a general principle of private, this principle only after weagree. Implementation on April1,2011in China of the foreign law applicable to thelegal relationship is focused on protecting the interests of the weak protection ofobjects, on the legislative front tilt protection. Through grasping the essence of thephenomenon, from the above large number of rules of law applicable to the partiesaimed at protecting the weaker party in the abstract from the beginning implied in thecharacteristics and regularity, summed up with a general application and a high levelof protection of the weaker party principles was logic necessary for the developmentof private international law.