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Lin Jia, Chen Wentao: Concerning the Legal Effect of the Labor Standards Act

Title: Concerning the Legal Effect of the Labor Standards Act

Author: Lin Jia, Chen Wentao


The research of the theory of the Labor Standards Act in China is still relatively lack, and the problems on what the legal effect of the Labor standards Act shall be and how to exert its validity still need to discuss carefully. The Labor standards Act in the current legislation system has a strong administrative characteristic, which is lack of perfect specification effect mechanism. Thus, the effect did not achieve the legislation goal. Comparing the effectiveness of the relevant theory, this paper demonstrates the ¡°double legal effect¡± which the Labor Standards Act shall have, analyzes the problems of the mechanism of domestic Labor Standards Law, and puts forward the developing direction of the future benchmark legislation.

Key words:

The Labor Standards Act; legal effect; mechanism

(Translator: Fang Xiaoyi)

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