试论劳动合同的基本特征

文章认为劳动合同法的基本特征是私法性征，劳动合同的基本特征仍然遵从契约自由的原则，其基本特征仍然是自由性。劳动合同的基本性质也就是用人方和劳动方的约定性，即依然是由用人方和劳动方的双方约定，基于此，劳动合同的违约依然是用人方和劳动方双方的法律责任的基本内涵。国家法律在规范劳动关系和劳动合同中的社会各方面关系的时候，应该尊重和平衡当事各方的权利义务的基础上进行界定和规范，以此推动劳动关系的建立和完善。

On Basic Characteristics of Labor Contract

The thesis observes that one of the most essential features of labor contract law lies in its nature of privateness and that labor contract should abide by the principle of contract liberty, so the essential feature of labor contract is liberty. The basic property of labor contract is actually a kind of consent between an employer and an employee, i.e. an agree- ment signed by the two parties. Thus, the breach of the law of labor contract is exposed to the fundamental connotation of the legal liability revealed through the two parties. When the state laws, therefore, being set up to regulate various relationships bounded by the contract between an employer and an employee or between some other social relationships, it is necessary to respect or balance the right and obligation concerned as to further promote establishment or improvement of the mutual relationship between the above-mentioned two parties.