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A Study On The Weak Benefit Protection In Applicable Law Of International Labor Contract

Posted on:2015-07-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y R JinFull Text:PDF
GTID:2296330431966769Subject:Law
Abstract/Summary:PDF Full Text Request
Today’s society is in a state of communication increasingly frequent, the international community on the political, economic and cultural cooperation is increasingly close. Our country concerning foreign affairs labor contract under this background, the foreign cooperation and exchanges continued to deepen. Foreign labor contract amount increased from$2001in23.039billion to$2010in126.21billion. According to the ministry of commerce statistics, in2011China’s foreign labor cooperation sent all kinds of labor service personnel452000people,41000people increase from a year earlier. Corresponding to this is the weakness in the labor contract law concerning foreign affairs to apply growing interests protection problems, and the lack of related laws and regulations to protect the interests of the weak.The weak benefit protection results from the people to the attention of the weak. After the industrial revolution, the social class differentiation,"vulnerable groups" began to emerge. Along with people the attention to "weak groups" and the discussion, people realized that protect the root of "vulnerable groups" is to protect each individual "the weak", so "the weak" concept, and the weak benefit protection principle "surfaced". It is generally believed in the labor contract, laborer party usually in a weak position. After that, due to the rise of social law, in the modern sense of labor law as protecting laborers’rights and interests of legal independence from the civil law, fully embodies the law to protect the weak ruinous. Was based on the emergence of the substantive law in the weak benefit protection conflict law because of the conflict in the substantive law of guidance and selection function, i.e. distribution and selection of substantive law applies to the law applicable to the target and value of substantive law to respond, so conflict law began to focus on how to apply the law to guarantee the realization of the substantive law to protect the interests of the weak demand in the. And interests protection of the weak echo is proposed in this substantive law, conflict law entity orientation also requires its value orientation from "formal justice" to "substantial justice", so the principle of benefit to protect the weak in the foreign labor contract is an important approach to ensure laborer interests protected by substantive and requirements. Apply the principle of the weak benefit protection in the foreign labor contract also reflects the people-oriented spirit of international private law and public order of The Times.Due to the change of the value orientation of private international law, human rights concept is deeply rooted in the hearts of the people and the government to strengthen intervention in the economic life, making in the labor contract law concerning foreign affairs to apply, party autonomy principle, the most significant relationship principle, the principle of directly applicable law and other applicable law was also put forward new requirements.Our country is populous, to protect workers remain weak links. While in our country in2011introduced the foreign-related civil relationship between law applicable law regulations about protection of the rights and interests of laborers but there are a lot of defects. So based on the analysis of traditional private international law for protection of the interests of the weak is described based on a bit and deficiency, will apply to the labor contract law concerning foreign the insufficiency of its recommendations.In this paper, a total of four parts:the first part, ask questions. From the substantive law to the conflict of law’s level on the principle of the interests of the weak development and its necessity in the labor contract law concerning foreign affairs to apply; The second part, this paper discusses mainly the labor contract law concerning foreign affairs legal basis the principle of benefit protection of the weak, by the requirement of "substantial justice" of private international law, people-oriented spirit of private international law, and analyze the three aspects of the requirements of the public order; The third part mainly elaborates the legal application principle of private international law and foreign labor contract interests protection, the weak from the principle of "autonomy","most significant relationship principle","directly applicable law", the essay discusses three aspects; The fourth part discusses our country concerning foreign affairs labor contract legislation the lack of protection for workers and perfect.
Keywords/Search Tags:Foreign labor contract, The applicable law, The weak benprotection
PDF Full Text Request
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