Research On The Legislation Model Of Special Labor Subject

In China, both “Contract Law Of China” and “Law Of The People’s Republic Of China On Employment Contracts” which subject are affirmed single. National legislation tends to follow a certain logic framework. From the perspective of the model legislation that legislation labor’s main body uses a single legislative model. In this practice legislation of model, those who worked under some special position are difficult to be identified as the labor subject; the law’s scope was too broad, it is difficult to define the bound of the labor subject; or the law’s scope was too narrow, some special interest, in the subject of labor, is difficult to be guaranteed. The basic reason is that single model legislation does not adapt to apply to a wide range of labor market, so it is necessary to reconstruct for China labor legislation of labor subject. For the concrete problem, the law should do a special analysis and construct a diversification of legislation.The introduction of "labor contract law" to protect the rights and interests of workers in social needs, but in its protection of special groups of workers, but there are many problems to be solved. In this paper, the pilot groups, college students, the government staff and workers group as an example to discuss this. In the comparison analysis of the shortage of China’s "labor law" and "labor contract law" in the subject of labor legislation model, and based on the comprehensive comparison conclusion, to the labor law of the People’s Republic of China poor alienation for special worker of system construction are proposed. The paper holds that China should first clear the general idea of the legislation of labor law, only by adopting the ideas of workers to social stratification, abandon the current labor law adopted "conflict between labor and capital in the" legislative ideas and of the labor law tilt protection object of "pinch" rather than a "tail", downward shift in the legislation to protect the center of gravity, in order to make objects of protection in line with the aim of legislation of labor law, the realization of substantive justice. The legislative thinking of "labor" is the theoretical basis of the three dimensions of social science, management science and labor law. Using this thought, this article in general to our country labor law based on the different levels of workers to be differentiated application of the principle of positioning, and as a specific differentiation of the standard system to define the principle. On the basis of this principle, this paper puts forward the specific mode choice of labor law in our country. That separate the positive definition and limitations of the drawbacks of the model, the article finally to our country labor subject system design and valuable suggestions are given. On the basis of distinguishing the different groups and different classes, try to design a diversified labor main body legislation model, and provide some ideas for the reconstruction of some typical model of special labor. In order to improve the future legislation to provide some suggestions.