Legal Professionals Advanced Assistant Series---Essentials and Basis Guidance on Labor Law

Author: Fan Zhanjiang, Editor-in-Chief
Publisher:
Publishing Date: April 1, 2005
Features: From the content of the manuscript, it can be seen that the compilers of this series started from the needs of readers and put in considerable effort. Although there are still shortcomings in aspects such as "Essential Topics," "Expert Opinions," and "Basis Guidance," this newly formatted legal book series provides a basic framework for legal professionals to quickly find relevant materials, truly serving as a valuable reference. Considering the breadth of coverage and the key and difficult issues in judicial practice, the first batch of this book series selected eighteen commonly used legal categories for separate compilation. Each book in the series is organized by legal categories, with the arguments for each category divided into two parts: "Essential Topics" and "Basis Guidance." The "Essential Topics" are questions (main purposes of provisions) set according to current legal documents and other difficult issues encountered in judicial practice. On the surface, these topics may not seem 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 topics is not as lengthy as academic monographs or papers but is presented in the form of expert opinions, concisely explaining legal principles and highlighting issues that should be noted in judicial practice. The "Basis Guidance" section lists as comprehensively as possible the specific legal bases related to the topics. In China, legal bases are multi-layered, including laws passed by the National People's Congress and its Standing Committee, administrative regulations, departmental rules, and normative documents issued 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, laws naturally have the highest authority. However, some legal provisions are relatively general, and the understanding and handling of many specific issues in practice still require supplementary references from administrative and judicial departments. Therefore, the "Basis Guidance" section clearly identifies the names, publication dates, and issuing departments of all the above bases, and also includes the specific provisions applicable to each essential topic (for some larger topics, or where the full text of the basis needs to be cited or the issue itself is uncommon, for the sake of brevity, we have only noted the name, publication date, and issuing department of the basis, omitting 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 bases, the complete format of each legal category in the series is formed. We believe that this innovative format for legal books can largely meet the practical needs of legal professionals and will become a convenient and practical reference for them. It should be noted that due to the wide range of legal categories covered by this book series, the workload of compilation was substantial. The authors involved came from various sectors, including judicial practice, teaching, and research, belonging to different industries and professions. Although we strive for uniformity in the compilation format, there are noticeable differences in language style and expression among different books. Additionally, the cutoff date for the materials used in this series is November 2004. We hope that experts and readers engaged in legal practice will provide us with valuable feedback in a timely manner to allow for revisions and corrections in the event of a second edition.