On The Legal System Of Employment Management Of Foreigners In China

Since reformation and opening-up policy in China, the economic of economy development and the employment demands have been increased rapidly. After joining the WTO, China developed even much faster, and the demand for labor is also increasing. Accordingly, the number of foreigners who prefer to work in our country gradually increased. As a kind of labor behavior, the employment of foreigners in China is influenced by the domestic legislation of our country. However, in China, the current employment management system is not perfect, and the special legislation is only "the regulations on the employment of foreigners in China", and the speed of development is relatively backward. Also, the management system of the employment of foreigners in China is not a clear division of labor, there is the phenomenon of cross management, which makes the legal system of employment management in our country a lot of problems. As the fastest growing country in the world, the human resources market is changing, and the number of foreigners in China is rocketing as well.China is not only affected by the illegal employment problem in the world, but also by the economic development and the gap with the neighboring countries, as well as the moderate attitude about the employment of foreigners in our country. With attempts to carry out the work of employment management in our country, maintain the social stability and economic development, and make the legal system of the foreigner in our country employment management more standardized, this paper explores the legal system of foreign employment in China.This thesis is based on the theory of the employment of foreigners in China, " rules for the administration of employment of foreigners in china", " law of the people’s republic of China on the control of the entry and exit of citizens", (henceforth " the law of entry and exit") and other domestic and foreign relevant provisions, from the four part of the legal system of employment management in our country has been analyzed:the first part is an overview of the employment of foreigners in china. This part mainly introduces the concept, characteristics and current situation of employment in our country, and analyzes the advantages and disadvantages of the legal meaning of foreign employment in our country. The second part mainly introduces and analyzes the relevant legislation and the existing problems of foreign employment management system. This thesis combines " rules for the administration of employment of foreigners in china", " law of the entry and exit of citizens", with other relevant legislation, and provides a brief introduction about the legal system of foreigner employment management in our country from the aspects of conditions, scope and procedure.Furthermore, the thesis mainly concerns the existing deficiency of the legal system of foreigner employment management, these deficiencies will be divided into four aspects:most of the regulations of the foreign employment management in our country pay more attention to the principle, but the operation is not strong; the management of foreigners in our country’s employment of the relevant management departments are not clear; the application process of the foreigners’employment is too complicated; the phenomenon of foreigners’illegal employment in China is difficult and light. The third part mainly examines the enlightenment of the national and regional legislation on the employment management system of foreign countries in China. This section highlights the related legislation about the employment permit system in United States and Japan, and the foreign labor management system in Germany, through the investigation, it sums up some experience and inspiration for our country. When it comes to 4th part, I mainly contends some improvement measures about the legal system of employment management in our country, which is also the focus of this paper. This part elaborates the improvement measures mainly from the four aspects of the refinement of the management system and enhancing the operability, improving the management of the operating mechanism, simplifing the application procedures for foreign employment, and strengthening the mechanism for the investigation of illegal employment.This article innovatively incorporates the situation of the legal system of employment management in China as a starting point, and combines the comparative analysis, historical analysis, value analysis and other research methods to understand and analysis the employment management legal system in China, besides, it intergrates theoretical research with foreigner employment situation in our country, on the basis of examining the related system and practice experience of the relevant countries and regions it puts forward the preliminary idea about the improvement measures by introducing and summing up, which attempts to provide a reference value about improving the legisltion system of employment management of foreigners in our country.