Essentials of Labor Law and Basis Guidance

Author: Fan Zhanjiang
Publisher:
Publish Date: 2005-01-01
Features: From the content of the manuscript, it can be seen that the compilers of this series have started from the needs of readers and have put in a lot of effort. Although there are still shortcomings in aspects such as "Essential Topics," "Expert Opinions," and "Basis Guidance," this new-structured legal book series provides a basic framework for legal professionals to quickly find relevant information, truly serving as a consultant and assistant. Considering the breadth of coverage and the key and difficult issues in judicial practice, this book series has selected eighteen commonly used legal categories for separate compilation. The argument structure of the issues listed under each legal category in the series consists of two parts: "Essential Topics" and "Basis Guidance." The "Essential Topics" are issues (main purpose of the provisions) set according to current legal documents and other difficult issues summarized from judicial practice. On the surface, these topics do not appear as targeted as question-and-answer or case-based questions, and some even resemble dry terms. However, these topics are actually the "points" of each legal category, and any issue in a specific legal category in practice can be categorized under these "points." The writing of the topic content is not as lengthy as academic monographs or papers, but is presented in the form of expert opinions, concisely explaining the legal principles and pointing out issues that should be noted in judicial practice. The "Basis Guidance" part lists the specific legal basis related to the topics as comprehensively as possible. In our country, the legal basis is multi-layered, including laws formulated by the National People's Congress and its Standing Committee, administrative regulations, departmental rules, and normative documents passed by the State Council and its departments, as well as judicial interpretations issued by the Supreme People's Court and the Supreme People's Procuratorate. Among these bases, the law naturally has the highest level of effectiveness, but some legal provisions are relatively general, and the understanding and handling of many specific issues encountered in practice still require supplementary references from administrative and judicial departments. Therefore, the "Basis Guidance" part clearly specifies the names, publication dates, and publishing departments of all the above bases, and appends the specific provisions applicable to the essential topics (for some larger topics, or those that require citing the full text of the basis or belong to uncommon specialized issues, to save space, we only indicate the name of the basis, publication date, and publishing department, and omit the specific provisions; readers can find them in the specific topics later or in other legal compendia). With the clear framework of the "Essential Topics," the authoritative opinions of experts on legal principles, and the detailed and specific legal basis, the complete structure of each legal category in the series is formed. We believe that this innovative format of legal books can largely meet the practical needs of legal professionals and will become their convenient and practical consultant. It should be noted that due to the large number of legal categories covered by this book series, the workload of writing is significant, and the authors involved come from judicial practice departments, teaching, and research departments, belonging to different industries and professions. Although we strive to maintain uniformity in the writing format, there are still obvious differences in language style and expression among different books. Additionally, the cutoff date for the materials used in this series is November 2004. For the issues mentioned above, we hope that experts and readers engaged in legal practice will provide us with valuable feedback in a timely manner so that they can be revised and corrected in the event of a second edition.