On The Principle Of Autonomy Of Will In The Application Of Law To Foreign-Related Labor Contract

The implementation of the Law of the People's Republic of China on the Application of Law in Foreign-related Civil Relations in 2011(hereinafter referred to as the Law on the Application of Law)plays a vital role in the development of the system of application of law in China's foreign-related civil relations,but the drawbacks of the law in the process of implementation can not be ignored.As one of the important principles in the application of law,the principle of autonomy of will is also emphasized in the Law of Application of Law.The principle of autonomy of will is stipulated in Article 3 and Article 41 of the Law Applicable to China,and the rules of application of law in foreign-related labor contracts are specified in Article 43.In 2013,the Supreme People's Court's Interpretation of Several Questions Concerning the Application of the Law of the People's Republic of China on Foreign-related Civil Relations(?)(hereinafter referred to as"Interpretation of the Law Applicable")played a positive role in the application of law in foreign-related civil relations,according to Article 6 of the Interpretation of the Law Applicable and Article 43 of the Law Applicable.It can be seen that the law of our country does not give the parties the right to choose the law through autonomy of will,which is not entirely beneficial to the workers.On the other hand,from a logical point of view,the mandatory provisions of Article 4 of the Law on the Application of Law belong to the exception of the principle of autonomy of will stipulated in Article 3 of the Law.In disputes over foreign-related labor contracts,some courts determine the applicable law of contracts according to the provisions of Article 43 of the Law Applicable to Law.However,some courts do not determine the applicable law according to the special conflict rules,but recognize the law chosen by the parties through autonomy of will on the basis of general rules,or directly apply mandatory provisions to determine the applicable law of contracts.Such practices have resulted in confusion in the application of laws to foreign-related labor contracts.In order to improve this chaotic situation,this paper intends to start from the specific provisions of the principle of autonomy of will in the Law of Application of Law,and combine with relevant cases in judicial practice,to study the current situation and existing problems of the application of the principle of autonomy of will in foreign-related labor contracts,and to sum up the necessity of the application of the principle of autonomy of will in foreign-related labor contracts.Finally,it draws a conclusion that the principle of autonomy of will should be introduced into the legal application of foreign-related labor contracts,and puts forward relevant suggestions,that is,to clarify the limitations of the application of the principle of autonomy of will,at the same time,to ensure the smooth application of the principle of autonomy of will in foreign-related labor contracts by standardizing the interpretation of judicial documents.