中西方劳动合同制度比较探究

A Compared Study on the System of Labor Contracts of the West and China

西方劳动合同制度的发展经历了长时间的"从身份到契约"的过程,使私法自治原则成为劳动合同制度的基本原则,国家对劳动关系的干预亦以此为出发点。我国劳动合同制度的身份依赖性明显,政府对劳动关系的干预是直接的,私法基本原则在劳动合同的形式、内容、履行、解除中体现不充分。

The system of labor contracts of the West has experience ＂from status to contract＂. It lead to the result that autonomous principle of private law become basic principle of labor contract system. And it become the departure point of government intervention to the labor relationship. It is obviously that the labor contracts system of our country express dependence by status. The government intervention to the labor relationship is directly. The autonomous principle of private law embody not sufficient in the forms and contents and performances and rescissions of the labor contracts.