Research On The Legal Regulation Of Foreigners' Employment Permits In China

By selectively introducing foreign talents the employment permitting system,which the core issue of alien employment,can balance our domestic and foreign labor resources,optimize the distribution of resources.Nowadays the global competition is getting more intense,actively introducing top talents and limiting low-side workers has become the consensus of the talent strategy in the world.There is the recent phenomenon,Huge amount of low side workers are pouring into China and top professional and skilled talents are still in shortage,only the legal regulation of employment permitting system can change the situation by limiting low side employment,combating illegal employment,absorbing the rare talents to satisfy the demands of economic and social development.However,the Regulations on the Administration of Foreign Employment,the most closely related to employment permit,promulgated in 1996,Its entry standards is blurred,the guiding ideology is obsolete,and even the relevant laws and regulations contradict each other.In the face of the new problem and new situation during the management of foreign employment permit in our country,the current legal or policy documents can not fully meet the needs of practical development,and it is urgent to revise the law and raise the legislative level.This paper is divided into four parts except the introduction.The first part mainly analyzes the concept of the employment permit of foreigners through applying the method of normative analysis,and prove the necessity in establishing the employment permit.The second part hierarchically introduces the current situation and legislation of the foreign employment permit in China,and analyzes the existing problems and the causes of the present situation in China according to the present situation.The third part analyzes the the regulation of foreign employment permitting system in Britain,the United States,Germany and Japan by using the method of comparative research,In order to get our country can learn from the advanced experience.The fourth part puts forward the suggestions to improve the regulation of foreign employment permit by combining with China's talent strategy and innovation-driven strategy.It is concluded that the foreign employment permitting system should protect the domestic labor market,and at the same time,we should also focus on the introduction of the foreign top talents.We should learn from the mature standards and the test system of labor market of the developed countries,Combined with China's talent strategy and innovation-driven development strategy,the legal regulation system of foreign employment permit that conform to China's national conditions should be constructed.