Research On National College Graduate Employment Agreement System

《National College Graduate Employment Agreement》is called employment agreement in daily life,which is signed by graduates,colleges and employers.Its main purpose is determining the rights and obligations of the above-mentioned three parts.The background of its appearance is the changing time of our economic mode.The employment agreement has played an important role in regulating the employment order and assisting some government departments to count employment rate.However,with the highly development of social economy and the advancement of our employment mode,some problems come into being and bring about some discussions about the employment agreement.Since there is no final conclusion about the agreement’s legal nature,this thesis aims to analyze the legal nature of the employment agreement.As a basic theory thesis,this article is divided into four parts to research the employment agreement.The dominating methods are document research and comparative research.A brief introduction of the national college graduate employment agreement is given in the first part of this thesis.It is compose of its background of creation,main contents and features and its functions such as regulating the employment order and counting employment rate.Some mainstream theories about its legal nature are discussed in the second part,such as civil contract,labor contract,and administrative contract.The author will analyze these opinions with her own knowledge learned by these three years.Meanwhile,the second part makes a comparison between pre-contract and contract to analyze that the employment agreement is actually a pre-contract.Since its main purpose of signing and the object are all meeting the criteria of a pre-contract.The third part is talking about the defects and causes of the employment agreement,especially the uncertain status of colleges and the severe contract-breaking phenomenon.The fourth part starts with the experience and lessons learned from the graduate modes both in Japan and France.Then the author attempt to put forward some suggestions and strategies based on its legal nature and current problems.These strategies include changing the status of three parts and adding some penalties for breach of contract and so on.