Research On The Improvement Of The Legal System Of The Unfixed-term Labor Contract

China issued the labor contract law of the People's Republic of China(hereinafter referred to as the labor contract law)very early.At the beginning of this law,there were many controversies about the main points in the non fixed term labor contract.So far,many problems have also been found in our country in the practice of the application of the unfixed term labor contract system.Under the market condition,no fixed term labor contract can enable enterprises to retain useful people better.In regulating the market,the main role is to promote more harmonious and stable labor relations.The current research situation in legal circles,about this type of labor contract and no unified compulsory contracting obligation theory,between enterprises and workers,often because of dismissal protection system and the termination of the contract between the contradictions and disputes,the law applicable in practice caused great difficulties.This paper attempts to access to a large number of cases in the China referee network and the north Italy case library,summed up the typical court case,proposed the question,analysis.When China is about to start the revision of the labor contract law,it puts forward its own view,hoping to contribute a modest effort to build a harmonious and stable labor relationship.The first part,that is the introduction part,first puts forward the question.This paper from the 9 typical cases of both sides,and then on the basis of claim,the court finds that the conclusion and the judgment would be cases of type,followed by the extraction and analysis of typical legal problems in this paper is going to study in order to determine the direction,followed by at home and abroad are introduced in this paper and the research purpose and framework structure.The second part is about the perfection of the system of concluding the labor contract without fixed term.First analyzes the legal provisions in the process of concluding the non fixed term labor contract system,and then analyzes the problems at the time of the conclusion of the legal system and the related theory of jurisprudence,and a comparison of domestic and foreign similar legal system was carried out,finally proposed and formulated related solutions.The third part,on the improvement of the unfixed term labor contract rescissionsystem.The legal provisions and termination of related system are discussed and analyzed,and then analyzes the connotation and problems of the system itself and the related theory of jurisprudence,compares the rescission system of domestic and foreign similar system,finally puts forward suggestions and formulate relevant solving strategies.The fourth part,the legal responsibility of the unfixed term labor contract.On the basis of the above parts,this paper analyzes and evaluates the legal responsibilities of such contracts at the conclusion stage and the lifting process,and then analyzes their own problems and the theoretical viewpoints of the legal community.Finally,it puts forward solutions and suggestions.The fifth part,that is,conclusions and legislative proposals.Through the full text of the research,give their own brief conclusions and legislative proposals.After sorting out and analyzing the problems raised in the 9 typical cases,we put forward our own ideas so as to pursue harmonious and stable labor relations,so that we hope to perfect the revised labor contract law.Finally,the conclusion is drawn and the whole article is summarized.