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当前《中华人民共和国劳动合同法》(以下简称《劳动合同法》)正在紧张的调研与修改中。本刊特意组织刊发的四篇文章分别探讨了劳动合同法与就业权实现的关系、定期合同作为我国劳动合同主要形式的合理性及其不足、劳动合同法如何抑制雇主单位的优势地位以平衡劳动合同双方的权益、劳动合同法的权利本位及其“有利原则”的确立与适用等问题,希望能将我国劳动合同立法的研究引向深入。
The current “People’s Republic of China Labor Contract Law” (hereinafter referred to as “Labor Contract Law”) is under intense investigation and revision. The four articles specially published by our magazine separately discuss the relationship between the labor contract law and the realization of employment rights. The rationality and shortcomings of fixed-term contracts as the main form of labor contracts in China and how labor contract law restrain the superiority of employers’ units are balanced The rights and interests of both parties to the labor contract, the right standard of the labor contract law and the establishment and application of the “favorable principle”. It is hoped that the study of the legislation of labor contract in our country can be conducted in-depth.