1, the actions of both parties to the contract are subjective. The breach of contract caused by the behavior of both parties can be divided into two situations: one is the active breach of contract caused by improper employment expectations of college students. As a college student with a cold window for more than ten years, one of the purposes of studying hard is to find an ideal post, to give full play to one's talents, to obtain rich material treatment and a beautiful living environment, and to make a certain contribution to society after graduation. However, due to the differences in social needs, not all college graduates can go to work in big cities, big institutions and big enterprises. Because graduates can't give themselves a good position, lack of correct evaluation of themselves and employers, and lack of employment knowledge and ability, they are at a loss after entering the talent market. Due to the pressure of employment, graduates with long professional time or low academic qualifications generally have impatience and anxiety when they apply for jobs and choose jobs. Once they received the invitation to sign the contract from the employer, they thought that the ship had arrived at the dock and blindly signed the contract with the employer for fear that the employer would go back on its word. Before signing the contract, these students were hungry for food, eager for success, and rushed to sign the contract, but once they signed the contract, they immediately regretted it, especially after learning more information about choosing a job or getting an invitation from a better employer. This blind mentality can easily lead to college students' active breach of contract. However, graduates with short-term majors or high academic qualifications, because of their high self-evaluation, choose employers again and again and cannot sign contracts. Even after signing the employment agreement, I am still unwilling and constantly looking for the ideal unit. Once you meet a better unit, you will begin to like the new and hate the old. This is a major reason why graduates default. Second, students' passive breach of contract is caused by the inconsistency between the behavior promised by the employer when recruiting and the behavior after signing the contract. The victims of this kind of breach of contract are often college students, and the responsibility for breach of contract is not college students, but the result of the employer's prior breach of contract.

2. The signing system itself also needs to be improved and perfected. As far as the whole society is concerned, the basic function of the contract system is to make people have stable behavior expectations, thus reducing the "transaction cost", and so is the employment agreement for graduates. It expresses the wishes of graduates and employers through contracts, thus standardizing the behaviors of both the supply and demand sides, enabling graduates to start work as soon as they leave school, reducing the losses caused by "friction unemployment", and also making use of employers to make plans for the allocation of people, money and materials in advance, thus reducing employment costs. Even when the employment of graduates is completely market-oriented, the employment agreement has its existence value. However, the current signing system needs to be improved in specific details. Mainly highlighted in several aspects:

First of all, the content of the agreement needs to be standardized. The employment agreement only initially establishes the labor relationship between graduates and employers, and the rights and obligations of both parties are not clear. Although both parties can agree, because there is no mandatory legal provision, the agreement is often invalid. The employment agreement cannot clearly stipulate the core contents of the labor contract, such as the place of employment, the nature of work, the remuneration for work, and the initial service period. , and can not effectively reduce the blind signing and the resulting breach of contract. Under the current employment mode of college students, although the establishment of labor relations between graduates and employers still needs the certification of schools and employment management departments, which has a certain administrative color under the planned system, this certification is only reflected in the audit of employment industries and employment regions, and schools and competent departments cannot regulate and supervise students' treatment and working years within the current prescribed authority.

Second, the rights and interests of students need to be protected. First of all, there are many restrictions on students in the agreement, but there are often few restrictions on employers. Agreements often only stipulate the service period of graduates and the unilateral liability for breach of contract, and rarely specify the employer's liability for breach of contract. From the legal point of view, this unequal clause is obviously unfair to students. Moreover, if the employer breaches the contract and there is no written agreement in advance, it is difficult for students to apply for labor arbitration or seek legal aid in court with this agreement. Secondly, agreements and labor contracts are often not timely and effectively linked, and the rights and interests of graduates are damaged from time to time. The employment agreement is a written agreement to determine the employer's employment of graduates, and the labor contract is a written agreement to clarify the specific rights and obligations between the employee and the employer. There are great similarities between them, but there are also great differences. Their differences are reflected in their different subject nature, different time periods, different provisions details and so on. It is precisely because of these differences that some employers do not sign labor contracts after graduates report for duty, which damages the rights and interests of graduates. Thirdly, it is debatable whether it is reasonable to continue to implement the relevant provisions of signing contracts under the current situation. For example, the employment service period system, graduate service period system is a national regulation under the planned system. At that time, students basically received free university education and had to serve the country for a certain number of years after graduation. However, after the implementation of the charging system in higher education, the scope and time of students' employment should no longer be restricted. For some reasons (such as preventing brain drain), employers cannot sign labor contracts with students for more than five years under the guise of expired documents.