劳动合同立法中的若干重要关系论析

在制定劳动合同法过程中，要注意处理好《劳动合同法》与《劳动法》、《合同法》、民事立法、行政立法、相关司法解释的关系，要正确认识和处理劳动合同立法中的私权救济和公权干预、自治性和强制性、事先规制和事后处罚等关系。只有处理好这些关系，才能使劳动合同立法更加符合我国的劳动立法和司法需要，为建立稳定和谐的劳动关系发挥应有的法律功能。

An Investigation of Some Relation in the Legislation of Labor Contract Law

Labor contract law is an important law in adjusting labor relations.It involves very complicated conflicts of interest.In constituting the labor contract law,some important relations should be appropriately dealt with,such as the relations amongst the labor contract law and the labor law,the contract law,civil legislation,administration,and the correlated judicial interpretation.It is the same with the relations between private relieve and public power,autonomy and force,rule in advance and punishment after.Only in this way can the labor contract law meet the need of the labor legislation and judicial practice,and consequently contribute to the construction of stable and harmonious labor relations.