西南石油大学学报(社会科学版) ›› 2009, Vol. 2 ›› Issue (6): 84-87.DOI: 10.3863/j.issn.1674-5094.2009.06.018

• 政治学与法学 • Previous Articles     Next Articles

SECOND THOUGHTS ON THE LEGAL ATTRIBUTE AND FUNDAMENTAL PRINCIPLES OF LABOR CONTRACTS

YIN Ming-sheng   

  1. School of Arts and Law,Southwest Petroleum University,Chengdu Sichuan 610500,China
  • Received:1900-01-01 Revised:1900-01-01 Online:2009-11-20 Published:2009-11-20

Abstract: The legal attribute of labor contract is of great significance and has being defined theoretically as about “both personal relationships and the nature of property relations”.The author of the present essay holds that labor contracts in theory can be further deepened as a “status contract” which is of special nature.The legal attribute of labor contracts and its special nature give birth to the five fundamental principles for making and implementing labor contracts.Those principles are of no difference in nature from the five principles of Contract Law,except that more stresses should be placed on the protection of labor rights according to the principle of fairness.

Key words: labor contract, personal relationship, property relation, status contract, labor rights

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