The codification of labor law is a hot topic in social law circles.On the basis of the existing institutional environment and the mainstream theory preparations,the compilation of a labor code needs to solve two prerequisite issues.One is how to deal with the relationship between the labor code and the social code,the other is how to make a choice between'pursuing comprehensiveness'and'pursuing purity'.Unlike the mutually exclusive relationship in the legislative discussion of the Civil Code,'pursuing comprehensiveness'and'pursuing purity'coexist in the current academic discussions of the labor code,and the combination of'pursuing comprehensiveness'and'pursuing purity'is easy to lead to the codification of regulation.The French Labor Code is an example of'pursuing comprehensiveness'and the Soviet labor legislation is a mirror of'pursuing purity'.The compilation of the labor code requires summarizing the experiences and lessons of the two.The compilation of the labor code should adhere to the legal standard of social interests,properly deal with the three issues of coverage,standard and enforcement,and avoid the legal dilemma caused by the codification of regulations.
关键词
劳动法典/求全/求纯/社会利益本位/管制与自治
Key words
labor code/pursuing comprehensiveness/pursuing purity/legal standard of social interests/regulation and autonomy
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