Abstract: Whether the termination of labor contract under Article 37.2 of Work-related Injury Regulation by a labor falls into the scope of involuntary immediate rescission under Article 37.2 of Work-related Injury Regulation, remains a controversial issue in current judicial practice. Several legislative defects exist in Article 38.1.6 of Labor Contract Law such as the internal conflicts between constitutive requirements and legal effects, resulting the positive standing on the above-mentioned issue. Based on the normative way of thinking, the positive standing overlooks the detailed consideration of the general constitutive requirements of involuntary immediate rescission, which would unavoidably result in a series of problems:the legislative intent of involuntary immediate rescission cannot be achieved in the application of the law; the legal ground of the right of immediate rescission remains unclear in arbitration or adjudication; as well as moral risks, and etc. It is argued that, to improve Article 38.1.6 of Labor Contract Law, the future revision should take the following two aspects into consideration:on one hand, the legal provision should list different situations as much as possible; on the other hand, the general requirement should be stipulated explicitly.