Author(s)

Xianqing Xie

Corresponding Author

Xianqing Xie

Abstract

In response to the problems of difficult labor law cases, such as loopholes in the concept of "incomplete labor relations," a lag in the study of legal methods in labor law, the complexity of the regulatory system of labor law, and communication jurisprudence and legal methods in difficult cases, this study, based on Hart and Dworkin's theory of difficult cases, analyzes the causes of difficult cases and solutions from the perspective of jurisprudence, and conducts either comprehensive or specialized research on legal methods for resolving difficult cases. It proposes type-specific legal construction methods, defines the concept of "incomplete labor relations" by means of elemental identification standards, and provides partial protection of labor law rights.

Keywords

Labor law difficult cases; Secondary origin; Meta-rule; Right measurement; Incomplete labor relations loopholes