On the evening of October 14, 2019, the Peking University Social Law Forum held a special lecture by Prof. Wang Quanxing. The event was held in Room 308 of the First Teaching Building and was the 63^rd lecture of the Peking University Social Law Forum series. Prof.Wang Quanxing, the speaker, is from School of Law, Shanghai University of Finance and Economics. Prof. Ye Jingyi from Peking University Law School is the commentator and assistant Prof. Yan Tian is the moderator. Teachers and students from universities and research institutions both inside and outside Beijing attended the lecture.

 

At the beginning of the lecture, Prof. YaN Tian, on behalf of the organizer, Institute of Labor Law and Social Security Law of Peking University, welcomed Prof. Wang Quanxing and introduced his academic achievements. Prof. Wang Quanxing is currently the vice president of the China Society of Economic Law, Chinese Society of Social Law and the China Labor Law Research Association. He is the theoretical authority of China's economic law and social law.

 

Part of the audience

 

The topic of Prof. Wang Quanxing’s lecture is “Review and Reflection on the Seventy Years of Chinese Labor Law”. Presently, economic Reform and open up has been for more than 40 years, and socialism with Chinese characteristics has entered a new era. This has inspired us to think about the relationship between the forty years and the new era, to think about the relationship between thirty years and forty years, and to reflect on the current model of China's labor law with a new and problem-oriented perspective. China's current labor law is centered on the "Labor Law" and the "Labor Contract Law", and its functions, mechanisms, means of protection and the scope of protection are all insufficient.

 

Prof. Wang Quanxing divided the development of the Labor Law of China into four periods in the past seventy years: the period of national economic recovery (1949-1953), the period of socialist transformation of industry and commerce (1953-1956), and the period of planned economy (1956-1978) and the period of reform and opening up (1978 to present). Prof. Wang Quanxing focused on the development of labor law after the Economic Reform and open up. In recent years, the state has made efforts to promote the integration of urban and rural labor markets. With the new round of Information Technology Revolution, new format of labor has become a hot spot for the growth of labor law.

 

Prof. Wang Quanxing

 

In the past 40 years of Economic reform and open up, China has experienced the process of socialization of public law, and the West has experienced the process of socialization of private law in the past two or three hundred years. The two overlapping areas of socialization are the third jurisdiction, and the labor law and social security law are the subjects of the third jurisdiction. In the West, the rise of the third jurisdiction is in response to crises in the social, economic and ecological fields; in China, the rise of the third jurisdiction is in response to the need for market-oriented economic reform. To sum up, the labor law since the reform and opening up has realized the transition from the labor law of the planned economy to the labor law of the market economy.

At the end of the lecture, Prof. Wang Quanxing talked about the enlightenment of the development of Chinese labor law for 70 years. First of all, Teacher Wang pointed out that the Chinese characteristics of Chinese labor law have distinct dynamics and times. After the new era, the meaning of Chinese characteristics depends on how to combine two factors: the generality of labor law based on market economy and industrial society, and the particularity of labor law based on China's basic national conditions. Mr. Wang also pointed out that in the future, it is necessary to reconstruct the relationship between labor law, civil law and social insurance law, moderately broaden the scope of protection of labor law, classify the protection methods of labor law and civil law, decouple social insurance from labor relations, and improve flexible employment. Labor insurance. Finally, we must also handle the relationship between reform and legislation, strengthen the transformation of legal application of exploration results to labor legislation, and strengthen the transformation of local rules innovation results into high-level labor legislation.

After Prof. Wang Quanxing’s lecture was completed, Prof. Ye Jingwei delivered a point of view.Prof. Ye pointed out that Prof. Wang Quanxing's lectures show the academic standards of Chinese social law and are a well-prepared thought show. Prof. Wang pays special attention to combining the development of the system with the social and economic background of each era, and highlights the historical characteristics of the synchronization of labor law with China's socialist reform and construction. The development of China's labor law requires many efforts, and the study of labor law has a historical mission to help the development of the rule of law. Prof. Ye also presided over the students to ask questions to Prof. Wang, and presented a lecture poster to Prof. Wang.

 

Prof. Ye Jingyi

 

Poster giving ceremony

 

Teachers and students who participated in the event

 

Author: Yan Tian

Translated by: Jiang Lu

Edited by: Jiang Lu