The Research Of Unfixed-term Labor Contract Legal System

The implementation effect of the unfixed term labor contract is not ideal in practice,which lies in the promotion of the system in the legislative technology,and the implementation of the law does not fully consider the basic national conditions of our country.In the legislative guiding ideology,it is regarded as the welfare treatment for the workers and the punishment for the employing units,and the strength of the inclined protection is too strong in the judicial practice,which leads to the enterprise rejecting the unfixed term labor contracts.Therefore,in the process of exploring the system of unfixed term labor contract in China,we should abandon the contradictory thinking of labor and capital from the legal concept,construct harmonious new labor relationships,and extend the concept of establishing and cultivating the ethics of labor and capital and cooperation and coexistence.The method of value analysis is the most popular method among the researchers at present.This paper demonstrates the legitimacy and rationality of the unfixed term labor contract system,and finds out the injustice nature of the system through this method.Based on the empirical analysis,we carry out the value judgement,clarify the current situation and reasons of our system predicament,and further demonstrate the deep structure problems of injustice.Scholars have also been familiar with the historical method for a long time.This paper makes a historical review of the development of the labor contract system,taking history as a mirror and summarizing valuable experience.By tracing back to the source of the labor contract system and exploring the factors such as the system value and the process of the evolution of the thought,the current legal system is put into the longitudinal history to examine its institutional significance.The purpose of this paper is to analyze the underlying structure reasons behind the real social problems of the unfixed term labor contract system,and try to put forward the solving assumptions.Through the study of the history of the reform and development of China’s spontaneous labor contract system,this paper analyzes its ideas,finds its rules,and demonstrates its institutional value from the source.By comparing the differences between contracts,we analyze their independent concepts and basic theories.It has been found that the underlying structure problems are divided into four sections:the bias of the legislative and judicial ideas,the overstrength of the dismissal protection,the excessive intervention of public law thinking,and the risk of reducing the economic efficiency.Finally,as the research results of this paper,we put forward the hypothesis of improving the system defects of the unfixed term labor contract,which means getting out of the misunderstanding of the exclusion of the inclined protection,and proposing the idea of reconstructing the "post employment separation" system.