The Study On Choice Of Law For Foreign Labor Contract

The main content of this paper is divided into five parts.The first part focuses on the analysis of the current situation of the application of law in China's foreign-related labor contracts.Taking typical cases in current judicial practice as the entry point,it points out the existing problems irn the application of law in China's foreign-related labor contracts by analyzing and sorting out court decisions.The first case illustrates the confusion of identification standards in the process of identifying foreign-related labor contracts by the court,aiming to point out that in practice,a large number of cases that should be identified as foreign-related labor contracts cannot fall into the adjustment scope of labor laws and regulations,so the rights and interests of workers cannot be protected.The second case aims to bring out the confusion of law application in the process of law application of foreign-related labor contracts,mainly including two problems:unclear application rules of the principle of autonomy of will and the absence of mandatory boundaries.The second,third and fourth parts of this paper discuss the above three problems respectively.The second part revolves around the identification of foreign labor contracts,and firstly introduces the concept of the recognition system and the present situation of legislation.Secondly,the excessive control of employment behavior in China's government is the main reason for the confusion of the standard of foreign labor contract,and the administrative documents of these planned economic times are not reasonable.Finally,from the Angle of protection of the weak,the paper puts forward the solution that will be protected by the labor relationship between the representative office and the labor relationship of the laborer.The third part revolves around the dispute of the principle of the principle of autonomy of the meaning of the meaning of the theory of autonomy,and firstly introduces the value and function of the principle of the meaning autonomy.Secondly,the rationality of the principle of self-governing in foreign labor contract is analyzed and demonstrated.Then we will absorb the useful experience of the principle of self-governing in foreign legislation,and apply its essence to the law of our country.Finally,the application of the principle of autonomy should be allowed in the field of foreign labor contract,but it is also a limitation for the application of the principle of self-governing.The fourth part revolves around the boundary problem of the mandatory specification,which introduces the basic concepts and functions of the mandatory specification.Secondly,the missing issue of the mandatory normative boundary of foreign labor contract in China is discussed.Finally,the paper analyzes the rationality of the "labor base" and the principle of mandatory normative boundary,and puts forward the proposal to replace "the labor interest protection" of "labor benchmark",and make it the advice of the mandatory normative boundary of the current labor law.The fifth part of this paper summarizes and combs the results of the research.The purpose,meaning,expectation and conclusion of the research are reviewed,and the research process is summarized.