Directly Applicable Law is an important achievement theory of private international law in the late nineteen fifties, widely used by states. The people＇ s Republic of China foreign civil legal relationship applicable...Directly Applicable Law is an important achievement theory of private international law in the late nineteen fifties, widely used by states. The people＇ s Republic of China foreign civil legal relationship applicable law established the frame of our country＇ s Directly Applicable Law in the legislative level. In practice, there exists some shortcomings in the use of the rules and theory of Directly Applicable Law. In this paper, the author defines the rules from the micro level to order picture from macro level as the starting point, discussed the perfect approach of Directly Applicable Law from the dimension of the interpretation, system, evolution route ,and rethought our current legislative situation.展开更多
Our survey data on migrant workers in the Pearl River Delta region from 2006 to 2010 and recent fieldwork show that the enactment of the Labor Contract Law encouraged both the signing of labor contracts and the long-t...Our survey data on migrant workers in the Pearl River Delta region from 2006 to 2010 and recent fieldwork show that the enactment of the Labor Contract Law encouraged both the signing of labor contracts and the long-term nature of these contracts, making enterprises more willing to increase investment in human capital, increase employee insurance and welfare and give more attention to human-centered management, leading eventually to the establishment of an internal labor market that incorporates migrant workers. This is accompanied by progress in human resources management techniques and strategies in SMEs and private enterprise. Although the Labor Contract Law to some extent intensified the tendency for migrant workers to undertake collective protection of their rights, the establishment of an internal labor market could also ease the tension between labor and capital and lead to employees becoming more rational and prudent in safeguarding their rights, thereby providing a basis for a transition from confrontation to win-win cooperation between labor and capital. The Labor Contract Law has accelerated and strengthened the trend of individualized development in China’s labor relations. The protection of labor rights through the two channels of the 'rigid' legal system and 'flexible' internal management can help reduce the risk of large-scale collective labor disputes and establish a relatively harmonious institutionalized labor relationship.展开更多
文摘Directly Applicable Law is an important achievement theory of private international law in the late nineteen fifties, widely used by states. The people＇ s Republic of China foreign civil legal relationship applicable law established the frame of our country＇ s Directly Applicable Law in the legislative level. In practice, there exists some shortcomings in the use of the rules and theory of Directly Applicable Law. In this paper, the author defines the rules from the micro level to order picture from macro level as the starting point, discussed the perfect approach of Directly Applicable Law from the dimension of the interpretation, system, evolution route ,and rethought our current legislative situation.
基金This paper is a phased result of the National Social Science Fund of China major project“Research on the Governance of Social Risk Systems in Metropolitan Cities”(16ZDA083).It is also funded by the Research and Innovation Team Construction Project“Design and Application of a Social Risk Management Decision Support System”of East China University of Science and Technology.
文摘Our survey data on migrant workers in the Pearl River Delta region from 2006 to 2010 and recent fieldwork show that the enactment of the Labor Contract Law encouraged both the signing of labor contracts and the long-term nature of these contracts, making enterprises more willing to increase investment in human capital, increase employee insurance and welfare and give more attention to human-centered management, leading eventually to the establishment of an internal labor market that incorporates migrant workers. This is accompanied by progress in human resources management techniques and strategies in SMEs and private enterprise. Although the Labor Contract Law to some extent intensified the tendency for migrant workers to undertake collective protection of their rights, the establishment of an internal labor market could also ease the tension between labor and capital and lead to employees becoming more rational and prudent in safeguarding their rights, thereby providing a basis for a transition from confrontation to win-win cooperation between labor and capital. The Labor Contract Law has accelerated and strengthened the trend of individualized development in China’s labor relations. The protection of labor rights through the two channels of the 'rigid' legal system and 'flexible' internal management can help reduce the risk of large-scale collective labor disputes and establish a relatively harmonious institutionalized labor relationship.
