论劳动合同主体的立法完善

我国《劳动法》对用人单位的认定和责任承担的规定是模糊的,对劳动者的范围规定是限制性的,这不利于劳动权的保护,不利于劳资矛盾的解决,也不利于我国劳动关系的法治化。在《劳动合同法》的立法中,在对用人单位的认定和责任承担方面应当确立有利于劳动者的原则,而对劳动权主体的立法则应当确立普遍性原则。

On Improving Legislation of Parties of Labor Contract

In the Labor Law of PRC,the provisions about employing units and their obligation are not clear,and the provisions about the extension of laborer are limited.It is going not only against protecting labor rights and resolving labor conflicts,but also against the legal system of labor relations of China.In the legislation process of the Law of Labor Contract,we should establish the principle of in favor of laborers in the provisions about employing units and their obligation,and establish the principle of universality in the provisions about actor of labor rights.