传统观点视劳动合同为公法性质的合同。在社会主义劳动制度进一步深化改革的今天,此现点有其不合理之处。文章认为,劳动合同是私法性质的合同,把劳动关系视为私权范围,实现市场经济条件下劳动关系的契约化,符合社会主义经济法制化的要求;同时,将其纳入统一《合同法》调整的合同范围之内,有利于我国合同制度与国际通行做法接轨。自然,劳动合同的特殊性亦是不容忽视的。 According to the traditional view, the labor contract is a contract of public law nature. At a time when the socialist labor system further deepens the reform, this spot has its own irrationality. The article holds that the labor contract is a contract of private law, regards the labor relation as the scope of private power, and realizes the contractualization of the labor relation under the condition of the market economy, in line with the legalization of the socialist economy. At the same time, Adjustment within the scope of the contract is conducive to China’s contract system with international practice. Naturally, the particularity of a labor contract should not be overlooked.