The Judicial Practices On The Enrolled Students And Legislative Suggestions

The enrolled students about the qualifications of Labor Law subject in china is not limited to areas of Labor Law and is a strong practical issues, the current of judicial practice and theory about“the enrolled students is or is not the qualifications of Labor Law subject”there is obvious difference of the judgements. the judges In Beijing, Jiangsu province and other developed regions in china tend to think that the enrolled students is the qualifications of Labor Law subject, however, the judges in Hunan province and other inland regions think that the enrolled students is not the qualifications of Labor Law subject.The root cause, nothing is understand it the bias:a former Ministry of Labor in 1995, promulgated the "on implementation of theˋThe People’s Republic of China Labor ActˊOpinions on Some Issues "Article 12:" in spare time on the work-study students, is not start a career, if not the establishment of labor relations, they could not sign labor contracts."In addition, a former Ministry of Labor in 1995, promulgated the "on implementation of theˋThe People’s Republic of China Labor ActˊOpinions on Some Issues "Article 4:〝It is clear to put 5 types of citizens outside the protection of the China Labor Act:①the government servants.②the staffs of social institutions and social association that compare to the government servants relevant regulations.③the housemaids.④the active duty militaries.⑤the pure Farmers(not include:as the rural labors who enter the rural enterprises and the rural migrant workers or businessmen which move into the city from countrysides)〞Obviously, the China Labor Act not removes the enrolled students!Therefore, this article on applicable field of the China Labor Act,which is equal to the qualifications of Labor Law subject in china in the current practice and theory on students(including college students, undergraduate, graduate, etc.) work-study, graduation-practice, ahead of employment and so on——it has the Importance Practical Significance on maintaining a fair students employment environment and protecting the weak the employees of students. Finally, from Britain and other Western theories of employment.From the enrolled students about the qualifications of Labor Law subject to extends the Perspective and Reflection about the qualifications of the China Labor Act′ subject,and has brought enlightenment reference about the path of the current civil service reform in China, and even brought thinking and recommendations of the dawn of chinese Freedom, Equality, Nomocracy(the rule of law), Constitutionalism.