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Legal Interpretation of the Unfixed-term Labor Contract

Author: WangXiaoHui
Tutor: ChenJinZuo
School: Shandong University
Course: Legal
Keywords: Without a fixed term labor contract Interpretation of the law Dispatch contract Statutory right of cancellation
CLC: D922.5
Type: Master's thesis
Year: 2009
Downloads: 241
Quote: 1
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Abstract


Labor contract without a fixed term labor contract law as an important concept in the country in order to protect this vulnerable group of workers and has developed a lopsided system of workers' legitimate rights and interests in the maintenance, construction and stable labor relations and safeguard economic and social order stable operation and other aspects of high value. However, the legal provisions and the reality of their own limitations due to the complexity of the legal practice in a series of problems, there have been many difficult cases, particularly on non-fixed term labor contract entered into with the interpretation of the terms of release, opinions, today. Articles from the legal methods of legal interpretation perspective on non-fixed term labor contract entered into with the release of some of the terms may be ambiguous or controversial issues do some exploring analysis to arrive at a corresponding number of conclusions, some suggestions. During the study fully applied to the legal theory of literal interpretation, teleological interpretation, systematic interpretation, historical interpretation, and other methods of legal interpretation, taking into foreign legislation, which draw on China's beneficial while some systems to adapt to China's national conditions or method. Innovation of this paper is that the article on non-fixed term labor contract terms \term labor contract this seemingly simple but actually requires careful scrutiny of the problem. And by analyzing the labor dispatch units and the existence of labor relations between workers and the word \While the use of legal interpretation methods for non-fixed term labor contract terms \made on many issues. About the non-fixed term labor contract is discharged, because the \labor contract pros and cons the pros and cons of several situations, so as to improve the work of the future to provide some foundation. The use of legal interpretation methods to solve specific sectoral laws formulation and implementation process has been the emergence of a variety of efforts jurisprudence researcher in one direction and goals. In this thesis, the legal interpretation of this theoretical issues of jurisprudence in this sector with the labor contract law law studies combined, the pure theory to analyze and solve specific problems, thereby not only improve our labor law basic research level, and the basic theory of law can give way to dynamic, so that it no longer is being criticized in the sky.

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