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Economic Analysis of Chinese Labor Contract Law

Author: WangSiSi
Tutor: XieDi
School: Jilin University
Course: Law and Economics
Keywords: Labor Contract Law Economic Analysis Labor relations
CLC: D922.52
Type: Master's thesis
Year: 2011
Downloads: 179
Quote: 0
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Abstract


Our country in the process to accelerate the transformation of the mode of economic development, strengthen the rule of law in the field of labor relations has given more and more attention. Especially in recent years, the event of labor conflicts have occurred, to balance labor relations, protection of the legitimate rights and interests of workers, in order to ensure social stability and steady economic development has become a problem that can not be overlooked. China in 2008 promulgated the \\This article intends to be analyzed from the perspective of law and economics of the labor contract law and related issues, and by combing the legislative history of the evolution of the labor contract, the current situation and problems, combined with the comparison of Chinese and foreign-related legislation, figure out how to further improve the law recommendations. Fundamental part in China's Labor Contract Law and its related problems of economic theory first introduced the Marxist interpretation of labor relations, in order for us to correctly understand and balanced labor relations provide a correct theoretical guidance; Based on this, on balance governments, employers and workers in the labor relations tripartite game analysis, focused on the legal arrangements to try to make the interests of all parties to achieve a balanced; then explain the law and economics is the most commonly used legal cost - benefit analysis method, how effective configuration of legal resources, and improve the efficiency of the legal basis; Finally, for the transformation of economic growth mode, and industrial structure optimization and upgrading of the development status do expounded the theory of industrial structure adjustment, combined with China's actual case analysis of labor Contract Law has played the role in the optimization and upgrading of industrial structure. With more than economic theory as a guide, the author of the status of implementation of the labor contract legislation overview of the different stages of economic development in China, as well as the Labor Contract Law and the problems encountered do straighten out, and combined with the relevant data and case, an objective summary play a positive role in China's Labor Contract Law has been implemented for some time, and the negative impact of and reasons; addition, I also selected the relevant legislation of the labor contract in France, Japan and India, three countries analyzed by Chinese and foreign The comparative analysis of the legislation come to some of the country should learn from the experience. The above analysis and discussion, the author in this article concludes mainly from two aspects of China's Labor Contract Law to be improved: on the one hand, from the legislative level, not only to legal provisions of the Labor Contract Law to perfect, but also to improve its supporting regulations and systems; the other hand, to improve the environment of the implementation of the Labor Contract Law, pointed out that each of what adjustments should be made from the perspective of the three governments, enterprises and trade unions on behalf of the interests of workers, respectively, while also increase the publicity and popularity of the Labor Contract Law, the deeper into the implementation of the field, so that it can be the community correctly understand and accept, and then you can consciously abide by. Expectations by the above method, enabling to further improve China's labor contract law, which in practice has been effectively carry out and implement better play the role of building and development of harmonious and stable labor relations.

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CLC: > Political, legal > Legal > Chinese law > Labor Law > Labor Contract Law
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