本文以劳动合同法的制定背景、实施效果为背景讨论立法时机的重要性及其如何选择立法时机。立法时机是指立法者在作出是否立法、何时立法的决策时,必须考虑的主客观因素。立法需求与立法可能是正确决策立法时机的两个大方面。其中,立法需求主要涵括社会关系的变化,现有法律是否失灵等因素,立法可能则涵盖了立法能力等三个方面。 In this paper, the context of the development of the labor contract law, the implementation of the effect as the background to discuss the importance of legislative timing and how to choose the legislative opportunity. The legislative timing refers to the subjective and objective factors that legislators must consider when making legislative decisions and when to make legislative decisions. Legislation Needs and Legislation May Be Two General Aspects of the Right Decision on Legislation. Among them, the legislative requirements mainly include such factors as the change of social relations and the failure of existing laws, and the legislation may cover the legislative capacity in three aspects.