Research On The Codification Of China’s Labor Law

Labor law is to protect the laborers, coordinate labor relations, safeguard socialjustice, and maintain social security. This is the social function of labor law.Furthermore, it also has the economic function to develop labor resources, stimulateeconomic growth, and ensure the sustainable development of economy. Realization ofthe two functions of the labor law, depends on if it could turn into an organic systemof complete, whole and strict. The organic system is the labor code. In China, studyon the codification of labor law has been neglected by theoretical researchers andlegislative practice. This paper starts from the basic theory and significance of laborlaw. Comparative analysis and empirical research methods are comprehensive used.Combined with the reality of our country, discussing the feasibility and necessity ofChina’s labor law, the author try to make some proposals for the Labor code.This paper is structured as follows:The first chapter mainly describes the basic concepts in close relation with thisthesis. In this chapter, the author reviews the different understanding definitions bydomestic and foreign scholars on the code and codification, and carry on the simplereview on historical process of labor law’s codification.In the second chapter, the theory of labor law based on are discussed. The firstsection compares codification pattern under different epistemology, and reveals thatthe relativism agnosticism is the epistemological basis of the codification of labor law;second section elaborates the ideological basis of Labor code, which has the formalrationality and substantive rationality; the third section reveals that the “code centerdoctrine” is the idea base of the labor law codification.The third chapter systematically analyses significance of the codification of laborlaw in our country. Labor law needs codification because it has the extremelyimportant position in the economic society and legal system. On the other hand,codification of labor law can have a positive impact, whether for the perfection of ourlegal system, but also for the legal research and the legal education. The fourth chapter demonstrates the realistic basis of China’s labor law’scodification. What codification requires and whether our country is preliminaryalready have these conditions, which are two issues to discuss. Abundant labor lawmaterials, mature theory and labor law practice, the clear legislator and maturetechnology conditions, and the good legal status and legal consciousness, whichindicate that China has initially have conditions of labor law’s codification.The last chapter is the preliminary conception of China’s labor code. Labor codein our country should contain the basic content, and include general and specificprovisions. The specific provisions of the Labor code, specifically include the laborcontract system, labor standards system, labor protection system, labor supervisionsystem of legal liability, the legal system for handling labor disputes, etc.