分享经济中用工关系的中美法律比较及启示
发布时间：2018-09-08 12:11
【摘要】：随着分享经济的发展,产生了用工中劳动关系认定等法律问题。通过对中美两国劳动关系范围、认定标准、判定理论、劳动争议裁决过程以及劳动法主导原则的比较,发现美国雇佣法律制度的可借鉴之处。但同时发现,两国法律共同面临着制度供给的不足。针对发展经济鼓励创新与保护劳工两个理念的冲突,提出了应确立公共利益原则,实现公平与效益的均衡;针对我国劳动关系认定标准存在的不足,提出了应考虑非标准劳动关系的特征以及实现认定标准的指标化。
[Abstract]:With the development of sharing economy, legal problems such as labor relationship identification in employment have emerged. Through the comparison of the scope of labor relations between China and the United States, the standard of determination, the theory of judgment, the process of labor dispute adjudication and the guiding principle of labor law, the author finds that the employment law system of the United States can be used for reference. But at the same time, the law of the two countries are faced with the shortage of institutional supply. In view of the conflict between the two concepts of encouraging innovation and protecting labor in developing economy, this paper puts forward that the principle of public interest should be established to realize the balance between fairness and benefit, and that the standard of labor relations should be recognized in our country. The characteristics of non-standard labor relation and the index of realizing the standard are put forward.
【作者单位】： 西北工业大学法学系;
【基金】：陕西省社会科学基金项目(12E069) 2014年西工大人文振兴基金资助项目(3102014RW0033)
【分类号】：D971.2;D922.5
，
本文编号：2230481
[Abstract]:With the development of sharing economy, legal problems such as labor relationship identification in employment have emerged. Through the comparison of the scope of labor relations between China and the United States, the standard of determination, the theory of judgment, the process of labor dispute adjudication and the guiding principle of labor law, the author finds that the employment law system of the United States can be used for reference. But at the same time, the law of the two countries are faced with the shortage of institutional supply. In view of the conflict between the two concepts of encouraging innovation and protecting labor in developing economy, this paper puts forward that the principle of public interest should be established to realize the balance between fairness and benefit, and that the standard of labor relations should be recognized in our country. The characteristics of non-standard labor relation and the index of realizing the standard are put forward.
【作者单位】： 西北工业大学法学系;
【基金】：陕西省社会科学基金项目(12E069) 2014年西工大人文振兴基金资助项目(3102014RW0033)
【分类号】：D971.2;D922.5
，
本文编号：2230481
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