Research On The Regulation Of Standard Terms In Labor Contract

After the industrial revolution,the rapid development of commodity economy brought an all-the-world influence.The number of commodity trading boom and the change of the trading way enables people to abandon the past slow trading patterns,commodity production and circulation of commodities trading means meeting the requirements of high efficiency and low cost as much as possible is necessary.So the format terms there arises at the historic moment.Nowadays,standard clause have been applied to every field in our life.In labor contracts,it has become a normal practice for employers to draw up standard terms in advance and take unspecified workers as the relative person in the contract.But every coin has its two sides.On the one hand,format terms help saving time on negotiating for both sides and improving the efficiency.But on the other hand,because of the lack of relevant legal law and regulations,especially in the field of labor law,it’s very common to see the phenomenon that the employers take advantage of is superior status to oppress laborers in the labor contract format terms.The harmony of labor relations is also very important for the stability of social order and the steady development of economy.So the regulation of standard clauses of labor contract needs to be solved urgently.Based on labor contract format terms and conditions of the practical application of the present situation and problems as the research foundation and the analysis of the special legal nature of labor contract and the necessity of the labor contract format terms of regulation theory,the author compare the method of format terms in Germany and Japan and study their different rules and regulations.Finally,based on the deficiencies fact in the existing legal system in China and draw lessons from foreign law,the author puts forward feasible Suggestions for the regulation of the labor contract format terms.The main content includes the following parts:The first part is the preface.This paper mainly introduces the research significance,domestic and foreign review,research methods and innovations.The second part is the proposal of the problem,summed up the current situation of the application of the standard terms of labor contract in practice and the problems arising,the author conducted a social investigation and a large number of case analysis,and concluded the labor contract standard terms in the judicial practice of regulation dilemma.The third part is the theoretical analysis.Based on the special legal nature of labor contract and the related theories of standard terms,this paper analyzes the rationality of the application of standard terms in labor contract and the necessity of regulation.The fourth part is the study of comparative law.In this part,the author discusses the reasons for choosing Germany and Japan as the sample of comparative law,introduces some relevant legal systems in the civil law of Germany and Japan on the regulation of the standard terms of labor contract,and makes an evaluation on them.The fifth part is the suggestion of how to regulate the standard terms of labor contract.The author not only considers the problems existing in the current relevant systems in China,but also draws on the advanced systems of foreign laws.At the same time,based on China’s national conditions and institutional characteristics,the author mainly interprets and analyzes the four aspects of legislative regulation,administrative regulation,judicial regulation and social regulation.