Analysis Of "Favorable Principle" Into The Labor Law

The purpose of the legislation of labor law is to protect the legitimate rights and interests of workers."Protecting the principle of workers" is the legislative spirit and value pursuit of labor law and the guiding principle of labor law enforcement and administration of justice.The "favorable principle" is an extension of the "principle of protection of workers" and "protection of the weak" and respects and protects the legitimate rights of workers,which is consistent with the legislative purpose and value pursuit of labor law.The "principle of advantage" has its unique connotation,effectiveness and scope of application and plays an important role in the formation of labor relations and in the settlement of labor disputes.However,in the current theory and practice of labor law,the "favorable principle" has not been fully concerned.Whether it is the domestic labor law legislation or the settlement of labor disputes,the "favorable principle" has not played its due role.At the moment when labor disputes are getting more and more and labor rights protection is struggling,the research and development of "favorable principles" are particularly important.The purpose of this paper is to discuss the connotation of the "favorable principle",the necessity and importance of the "favorable principle" into the law,the "beneficial principle" into the law and the concrete application of "the favorable principle" It is hereby given more attention to this theoretical study and the actual role of the "beneficial principle" in labor law legislation and judicial practice.The author divides the article into four parts.The first part is an overview of the "Good Principles".Explain the historical origin of the "favorable principle",the proposition of the "favorable principle" in the labor law,the connotation and basic characteristics of "the favorable principle" and the relationship with "the principle of favorable explanation" of the contract law.Through this way of thinking from the ancient time to the present day and from the inside out,the legal concept of "favorable principle" is elaborated in the perspective of history,development and connection.The second part is the basis for the establishment of "favorable principles" in labor law.The article elaborates from two aspects: the theoretical basis of the "favorable principle" into the law and the "actual principle" of the "favorable principle" into the law.The independence of the "favorable principle",the pursuit of the value of substantive justice and the requirement of complying with the social law of labor law and the flexibility of law are the theoretical bases for its incorporation.To correct the inequality of the labor contract,to make up for the shortcomings of the format contract,to ease the social contradictions and to apply the internationalization of labor relations is the realistic basis for the "favorable principle" into the law.The third part is the analysis of the path of "favorable principle" into law.The article mainly elaborates from the legislative position and the legislative mode.The author explains the meaning of the three kinds of legislative positioning and the level of law separately from the basic principle,the concrete regulation principle and the adjustment principle,and then analyzes the applicable range and legislative purpose of the "favorable principle" to analyze the most suitable "beneficial principle" in the labor law Legislative position.The elaboration of the legislative model adopts the same kind of analysis.The fourth part is the concrete application of "the principle of profit" in labor law.This part is the focus and the foothold of the article.According to the process of the formation of legal relationship,the author divides it into two parts: "the application of the favorable principle in the contract" and "the application of the favorable principle in the labor dispute" Law and the actual case for a specific analysis.