高校毕业生就业权益保护问题研究
发布时间：2018-07-23 16:41
【摘要】： 随着扩招数字的连年加大,每年涌入就业市场的高校毕业生数字也成几何级增长。这表明我国高等教育已经走向大众化,使得我国劳动力的知识文化水平有了很大的提高,为推动我国经济社会的快速发展提供了充足的高端人力资源。然而,高校毕业生人数的急剧增加也给毕业生就业带来了巨大的压力,使就业市场转变成了买方市场,出现了明显的供过于求的现象,用人单位和高校毕业生之间的地位差距日益悬殊。随着用人单位的强势地位越来越明显以及现有法律制度的不健全,高校毕业生就业权益受侵现象逐渐增多。这也凸显出高校毕业生就业权益保护体系的运行困境,还高校毕业生以切实到位的权益保护是我国当前亟待解决的重大问题,也引起了全社会的广泛关注。 就高校毕业生的法律地位而言,其并无特殊性,因此本文对于高校毕业生就业权益保护体系的分析是在保护劳动者的总体视野下进行的。文中首先对高校毕业生和高校毕业生享有的就业权益进行准确界定。然后在对我国高校毕业生就业过程中的维权现况进行实证调查和资料查询的基础上,运用当代先进法学理论和法律社会学研究方法对高校毕业生就业权益保护体系运行的困境进行多角度、深层次原因分析,并借鉴国内外就业权益保护成果,针对我国国情提出了破解高校毕业生就业权益保护体系运行困境的应对之策。 论文共分四部分: 第一部分主要对高校毕业生和高校毕业生就业权益进行概念界定。笔者把高校毕业生界定为:所有普通高校的毕业生,包括中央与地方院校以及民办院校的毕业生,各级各类普通高等院校毕业的研究生、本科生与专科(高职)生。本文所指高校毕业生就业权益是指高校毕业生在就业过程中所应享有的所有合法权益。其研究对象是我国的高校毕业生弱势群体,研究的范围涉及我国高校毕业生就业权益保护的立法、执法、司法、守法等诸多方面。 第二部分从多个角度对当前我国高校毕业生就业权益保护体系建设所取得的进展和存在的问题进行考察,得出的结论是,为了缓解就业压力,保护毕业生在就业过程中的合法权益,国家和各级地方政府相继出台了一系列新的政策法规,并加强了对人才市场的整治,各高校也不断完善和加强对毕业生的就业指导,尤其是法律方面的指导,使就业法制环境有所改观。但总体高校毕业生就业的法制环境仍不让人放心,高校毕业生就业权益遭侵犯的现象经常见诸于各种媒体,指出了当前高校毕业生就业权益保护领域普遍存在的平等就业权实现困难、获取就业信息的渠道易受干扰、高校与就业主管部门对毕业生的侵权、自主择业权受限制、财产权经常遭侵犯、签订就业协议时就业权益容易被侵、合同权益得不到有效保障和就业权益受侵害后难以得到救济等诸多问题。 第三部分从制度、法律、政府、毕业生维权意识、高校等几重维度,运用逻辑分析、比较分析、系统分析的研究方法,借鉴西方权利法学、社会学、法理学等理论进行深入分析,探求高校毕业生就业权益体系运行困境的深层次原因,为对策分析奠定坚实基础。 第四部分在前述分析的基础上,借鉴国内外对高校毕业生就业权益保护的成功经验,提出了在已有高校毕业生就业权益保护体系的基础上,完善以立法、司法、执法和守法为中心的权益保护体系,并从政府、立法机构、高校、学生自身等多个方面提出完善我国高校毕业生就业权益保护体系的对策。主要包括:第一,从政府的角度,政府应着力解决就业问题,完善保险保障体系和救济体系;第二,从立法的角度,立法机构应加快反就业歧视立法,解决相关劳动法律条文相互打架的现象;第三,从高校的角度,高校应采取措施增加毕业生的相关法律知识储备,提高毕业生的就业维权意识,培养专业的就业指导队伍;第四,从学生的角度,高校毕业生应该熟悉掌握与就业权益相关的法律法规,诸如《宪法》、《就业促进法》、《民法》、《劳动法》、《劳动合同法》和《劳动争议调解仲裁法》。
[Abstract]:With the increase of number of enrollment expansion, the number of college graduates coming into the employment market every year has also become a geometric increase. This shows that the higher education in China has become popular, which has greatly improved the knowledge and culture level of the labor force in our country and provided sufficient high end human resources to promote the rapid development of our country's economy and society. The rapid increase in the number of college graduates has also brought great pressure to the employment of graduates, which has transformed the employment market into a buyer's market, and the phenomenon of oversupply has emerged. The gap between the employers and college graduates is increasing. With the strong position of the single person and the existing legal system, the employment market is becoming more and more obvious. The problem of the employment rights and interests of college graduates is increasing gradually. This also highlights the running difficulties of the employment rights and interests protection system of college graduates, and the effective protection of the rights and interests of college graduates is a major problem to be solved urgently in our country, and it has also aroused wide attention of the society.
As far as the legal status of college graduates is concerned, it is not special. Therefore, the analysis of the protection system of employment rights and interests of college graduates is carried out under the overall vision of protecting workers. First, the employment rights and interests of college graduates and college graduates are defined accurately. On the basis of the empirical investigation and information inquiry in the process of the industry, the author uses the modern theory of law and the method of legal sociology to analyze the difficulties of the operation of the employment rights and interests protection system of the college graduates, analyze the deep reasons, and draw on the achievements of the protection of the rights and interests of the industry at home and abroad, and put forward the national conditions of our country. The solution to the dilemma of the protection system for graduates' employment rights and interests is to be solved.
The thesis is divided into four parts:
The first part is mainly to define the concept of employment rights and interests of college graduates and college graduates. The author defines college graduates as graduates of all ordinary colleges and universities, including graduates from central and local colleges and local colleges and private colleges, graduate students of all kinds of general institutions of higher learning, undergraduate and Vocational college students. The employment rights and interests of college graduates refer to all the legitimate rights and interests of college graduates in the process of employment. The research object is the weak group of college graduates in our country. The scope of the research involves the legislation, law enforcement, judicature and law-abiding in the protection of employment rights and interests of College graduates in our country.
The second part examines the progress and existing problems in the construction of the employment rights protection system for college graduates in China from various angles. The conclusion is that, in order to alleviate the employment pressure and protect the legitimate rights and interests of graduates in the process of employment, a series of new policies and regulations have been issued by the state and the government at all levels. And strengthening the renovation of the talent market, colleges and universities are also constantly improving and strengthening the employment guidance to graduates, especially the legal guidance, so that the employment legal environment has been improved. However, the legal environment for the employment of college graduates is still not reassuring, and the phenomenon of the infringement of the employment rights of college graduates is often found in various media. This paper points out the difficulties in realizing the equal employment right in the field of employment rights and interests protection of college graduates. The channels of obtaining employment information are easily disturbed. The infringement of the graduates by the University and the Department of employment is limited, the property right is often violated, the employment rights and interests are easily invaded when signing the employment agreement, and the rights and interests of the contract are obtained. It is difficult to get relief and other problems until the effective protection and employment rights are infringed upon.
The third part from the system, the law, the government, the awareness of the rights of the graduates, the universities and other dimensions, using logical analysis, comparative analysis, system analysis research methods, using the Western rights law, sociology, jurisprudence and other theories to explore the deep reasons of the employment rights system of College graduates, and to analyze the countermeasures. Lay a solid foundation.
The fourth part, on the basis of the foregoing analysis, draws on the successful experience of protecting the employment rights and interests of college graduates both at home and abroad, and puts forward the protection system based on the protection system of the employment rights and interests of the graduates of colleges and universities, and consumes the protection system centered on the legislation, judicature, law enforcement and law abiding, and from the government, the legislature, the universities and the students themselves. On the other hand, we put forward the countermeasures to improve the employment rights protection system of college graduates in China. The first is: first, from the point of view of the government, the government should focus on solving the problem of employment and improving the insurance system and relief system. Second, from the legislative point of view, the legislature should speed up the legislation on anti employment discrimination and solve the related labor law provisions to fight each other. Third, from the perspective of colleges and universities, colleges and universities should take measures to increase the relevant legal knowledge reserves of graduates, improve graduates' awareness of employment rights, and cultivate professional employment guidance teams. Fourth, from the perspective of students, college graduates should be familiar with the relevant laws and regulations related to the rights and interests of the industry, such as < constitution > employment promotion. Law, civil law, labor law, labor contract law and labor dispute mediation and Arbitration Act.
【学位授予单位】：河北师范大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：G647.38
本文编号：2140007
[Abstract]:With the increase of number of enrollment expansion, the number of college graduates coming into the employment market every year has also become a geometric increase. This shows that the higher education in China has become popular, which has greatly improved the knowledge and culture level of the labor force in our country and provided sufficient high end human resources to promote the rapid development of our country's economy and society. The rapid increase in the number of college graduates has also brought great pressure to the employment of graduates, which has transformed the employment market into a buyer's market, and the phenomenon of oversupply has emerged. The gap between the employers and college graduates is increasing. With the strong position of the single person and the existing legal system, the employment market is becoming more and more obvious. The problem of the employment rights and interests of college graduates is increasing gradually. This also highlights the running difficulties of the employment rights and interests protection system of college graduates, and the effective protection of the rights and interests of college graduates is a major problem to be solved urgently in our country, and it has also aroused wide attention of the society.
As far as the legal status of college graduates is concerned, it is not special. Therefore, the analysis of the protection system of employment rights and interests of college graduates is carried out under the overall vision of protecting workers. First, the employment rights and interests of college graduates and college graduates are defined accurately. On the basis of the empirical investigation and information inquiry in the process of the industry, the author uses the modern theory of law and the method of legal sociology to analyze the difficulties of the operation of the employment rights and interests protection system of the college graduates, analyze the deep reasons, and draw on the achievements of the protection of the rights and interests of the industry at home and abroad, and put forward the national conditions of our country. The solution to the dilemma of the protection system for graduates' employment rights and interests is to be solved.
The thesis is divided into four parts:
The first part is mainly to define the concept of employment rights and interests of college graduates and college graduates. The author defines college graduates as graduates of all ordinary colleges and universities, including graduates from central and local colleges and local colleges and private colleges, graduate students of all kinds of general institutions of higher learning, undergraduate and Vocational college students. The employment rights and interests of college graduates refer to all the legitimate rights and interests of college graduates in the process of employment. The research object is the weak group of college graduates in our country. The scope of the research involves the legislation, law enforcement, judicature and law-abiding in the protection of employment rights and interests of College graduates in our country.
The second part examines the progress and existing problems in the construction of the employment rights protection system for college graduates in China from various angles. The conclusion is that, in order to alleviate the employment pressure and protect the legitimate rights and interests of graduates in the process of employment, a series of new policies and regulations have been issued by the state and the government at all levels. And strengthening the renovation of the talent market, colleges and universities are also constantly improving and strengthening the employment guidance to graduates, especially the legal guidance, so that the employment legal environment has been improved. However, the legal environment for the employment of college graduates is still not reassuring, and the phenomenon of the infringement of the employment rights of college graduates is often found in various media. This paper points out the difficulties in realizing the equal employment right in the field of employment rights and interests protection of college graduates. The channels of obtaining employment information are easily disturbed. The infringement of the graduates by the University and the Department of employment is limited, the property right is often violated, the employment rights and interests are easily invaded when signing the employment agreement, and the rights and interests of the contract are obtained. It is difficult to get relief and other problems until the effective protection and employment rights are infringed upon.
The third part from the system, the law, the government, the awareness of the rights of the graduates, the universities and other dimensions, using logical analysis, comparative analysis, system analysis research methods, using the Western rights law, sociology, jurisprudence and other theories to explore the deep reasons of the employment rights system of College graduates, and to analyze the countermeasures. Lay a solid foundation.
The fourth part, on the basis of the foregoing analysis, draws on the successful experience of protecting the employment rights and interests of college graduates both at home and abroad, and puts forward the protection system based on the protection system of the employment rights and interests of the graduates of colleges and universities, and consumes the protection system centered on the legislation, judicature, law enforcement and law abiding, and from the government, the legislature, the universities and the students themselves. On the other hand, we put forward the countermeasures to improve the employment rights protection system of college graduates in China. The first is: first, from the point of view of the government, the government should focus on solving the problem of employment and improving the insurance system and relief system. Second, from the legislative point of view, the legislature should speed up the legislation on anti employment discrimination and solve the related labor law provisions to fight each other. Third, from the perspective of colleges and universities, colleges and universities should take measures to increase the relevant legal knowledge reserves of graduates, improve graduates' awareness of employment rights, and cultivate professional employment guidance teams. Fourth, from the perspective of students, college graduates should be familiar with the relevant laws and regulations related to the rights and interests of the industry, such as < constitution > employment promotion. Law, civil law, labor law, labor contract law and labor dispute mediation and Arbitration Act.
【学位授予单位】：河北师范大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：G647.38
【引证文献】
相关期刊论文 前4条
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4 张昕辉;大学生实习权益保障的缺陷及对策研究[D];湖南大学;2011年
5 雷顺利;当前我国女研究生就业“难”问题的成因及对策研究[D];西南政法大学;2012年
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