关于劳动合同法的几个基本问题

劳动合同法自制定、颁布到实施就一直存在各种不同主张。由于人们对劳动合同法基本问题缺乏共识，对诸如劳动合同法与市场经济、劳动合同法的属性、劳动的弹性化、劳动合同法与现实的关系、劳动纠纷的调解与仲裁、劳动合同法与常识、劳动合同的解除、劳动合同法与国家责任、劳动合同法的发展完善等问题还需要加强研究，以有助于劳动合同法的健全完善和有效实施。

On Basic Problems About Labor Contract Law

Labor contract law has been full of controversy,it stems from the lack of consensus on some of the basic problems of it.Such as relationship between the labor contract law and the market economy,labor contract law and the reality,labor contract law and common sense,labor contract law and the national responsibility,the flexibility of the labor,the mediation and arbitration of labor dispute,discharge of labor contract,the development and perfection of labor contract law.The above problems are analyzed and cleared in this paper hoping to help the sound and effective implementation of labor contract law.