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Wang Tianyu:Flexible Choice of Labor Law Regulation in China: Policy-oriented Legislation rather than Codification

Today, ten years after the promulgation of the Chinese Labor Contract Law, we should realize that “increasing the flexibility of the labor market” does not merely mean the relaxation of regulation and that the discussion of labor law reform should not be limited to the codification of the relevant laws.The essence of the flexibility of labor law regulation is to redistribute legislative power in the direction of classification and adjustment, take main labor laws as the basis, expand administrative and local legislation through such legal techniques as “delegated legislation” and “exemption from application”, incorporate classification of subjects into the framework of labor law, give full play to the advantages of policy-oriented legislation, adjust the application of labor law in light of the type of subjects, the change of external social and economic environment and other factors, so as to reduce the institutional rigidity through administrative/local legislation, increase the elasticity of the labor law system, and ultimately realize the transformation of labor legislation from the traditional comprehensive legislation to social-policy legislation.