On The Status Of Special Private Law In Chinese Labor Law

With the development of society and economy, the labor relation, which is an important social relation, has important influence on the construction of the harmonious society and the steady growth of the economy. The Labor Law which regulates the labor relation is becoming more and more significant. The study of status of the Labor Law is not only academically valuable,but also is significant in the legislation of the Labor Law and the judicial plight of process system of labor disputes.It is beneficial to the development of society and economy and the stability of our society. The status of the Labor Law is controversial in the academic circle.Firstly, analyze and assess the controversy about the status of the Labor Law.By introducing the history of the controversy about the status of the Labor Law,there are three theories about the status of the Labor Law,which are "public law" theory "common private law"theory and"social law"theory as third field law.Then assess the advantages and disadvantages of exsited theories.Secondly,define the special private law status of the Labor Law.By contrasting it with "common private law"theory,we will discover the contact and difference between them.Then find the proof of the private law attribute of Labor Law from theory,social and economic base and the historic development of labor law in other countries.Meanwhile search the character of Labor Law from the difference with civil law,the mixture of public law and private law,the specialty of subject of labor law and the specialty of legislation purpose of labor law.Lastly,rethink the specially private law status of labor law.Discuss the enlightment of private law status of labor law to the labor law system in China from the current situation of labor law in China,the thinking of labor law based on private law status of labor law and the blueplan of labor law system.Then discourse the enlightment of private law status of labor law to the labor disputes dealing system from the current situation of the labor disputes dealing system and the perfection of the labor disputes dealing system under private law status of labor law.