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在劳动合同法实施四年中,大量案件事实证明,我国脱胎于计划经济体制下的劳动制度已经严重阻碍了市场经济的发展,而《劳动合同法》在其中起到了推波助澜的消极作用。本文试图从劳动制度立法现状、司法现状以及劳动制度的完善三个方面进行深入分析,以期从《劳动合同法》的视角寻求完善我国现行劳动制度的良策。
In the four years after the implementation of the Labor Contract Law, a large number of cases have proved that the labor system born out of the planned economy in our country has seriously hampered the development of a market economy. The Labor Contract Law has played a negative role in fueling this. This article attempts to make an in-depth analysis from three aspects: the status quo of the labor system legislation, the status quo of the judiciary and the improvement of the labor system, with a view to looking for ways to improve the current labor system in our country from the perspective of “Labor Contract Law”.