试论我国劳务派遣法律制度的现状与完善
发布时间：2018-12-21 20:33
【摘要】：20世纪90年代以来,经济全球化不仅直接影响世界经济的格局和发展,同时也给政治和社会生活带来巨大影响。作为社会政策的重要内容——劳动关系势必成为受全球影响化影响最为深刻的领域之一。 劳务派遣法律制度是突破典型劳动关系的新型雇佣模式,它在国外的发展已经日趋成熟,然而在中国劳务派遣虽然也兴隆壮大,但是作为一种特别的法律关系却存在诸多问题和弊端。因此,如何将目前已经颇具规模的劳务派遣扶上正轨,真正为广大的受派遣员工谋求全面保障,同时又能促进中国的雇佣市场更具活力,这是中国立法者和政府管理部门孜孜以求的远大目标,也是笔者本文将从劳务派遣法律关系的由来和发展以及其在中国的发展中出现的问题及我们值得尝试的解决方法逐一阐释和分析。 本文共分为五章,安排如下： 第一章,介绍了劳务派遣法律制度的定义,派遣关系中的三方法律关系,劳务派遣在中国兴隆发展的原因以及劳务派遣法律关系与其他类似的法律关系的对比和差异分析。 第二章,介绍全球劳务派遣法律制度发达地区的理论研究和实践经验,主要包括美国、日本和欧美三个国家和地区的劳务派遣法律制度及其对我国派遣法律制度的气势和帮助。 第三章,从阐述我国劳务派遣法律制度的现状入手,分析目前我国劳务派遣法律制度中多种不当派遣的形式及其产生的动因,从而进一步阐明该等不当派遣给劳务派遣业态所带来的诸多问题。 第四章,评析我国目前对于劳务派遣法律制度的立法状况,同时结合最新的第一手信息《派遣规定(草案)》进一步分析我国今后派遣立法的动向和规律。 第五章,结合前面的劳务派遣法律制度的诸多问题,围绕派遣机构规范化、派遣员工权益保护、派遣争议有效解决以及派遣专项立法等方面提出相应的改善建议。
[Abstract]:Since 1990s, economic globalization has not only directly affected the pattern and development of world economy, but also brought great influence to political and social life. As an important part of social policy, labor relations is bound to become one of the most deeply affected areas of global influence. The legal system of labor dispatch is a new type of employment mode which breaks through the typical labor relations. Its development abroad has become more and more mature. However, as a special legal relationship, there are many problems and drawbacks. Therefore, how to put the already large-scale labor dispatch on the right track, and really seek comprehensive protection for the vast number of dispatched employees, and at the same time promote the employment market in China to be more dynamic, This is an ambitious goal pursued by Chinese legislators and government administrations. It is also the author of this paper from the origin and development of the legal relationship of labor dispatch, as well as its problems in the development of China and the solutions we should try to explain and analyze one by one. This paper is divided into five chapters, arranged as follows: the first chapter introduces the definition of the legal system of labor dispatch, the tripartite legal relationship in the dispatch relationship. The reasons for the booming development of labor dispatch in China and the comparison and difference between the legal relationship of labor dispatch and other similar legal relations are analyzed. The second chapter introduces the theoretical research and practical experience of the developed regions of the global labor dispatch legal system, mainly including the three countries and regions of the United States, Japan, Europe and the United States and Europe and the United States, and the momentum and help to China's dispatch legal system. The third chapter, starting with the current situation of the legal system of labor dispatch in China, analyzes the forms and causes of improper dispatch in the current legal system of labor dispatch in our country. It further clarifies the problems brought about by these improper dispatch to the labor dispatch business. In the fourth chapter, the author analyzes the current legislative situation of the legal system of labor dispatch in our country, and further analyzes the trend and law of the dispatch legislation in China in the light of the latest firsthand information < dispatch regulations (draft) >. The fifth chapter, combined with the legal system of labor dispatch in front of many problems, around the dispatch organization standardization, dispatch staff rights and interests protection, dispatch dispute effective resolution and dispatch special legislation and other aspects of the corresponding improvement suggestions.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.5
本文编号：2389425
[Abstract]:Since 1990s, economic globalization has not only directly affected the pattern and development of world economy, but also brought great influence to political and social life. As an important part of social policy, labor relations is bound to become one of the most deeply affected areas of global influence. The legal system of labor dispatch is a new type of employment mode which breaks through the typical labor relations. Its development abroad has become more and more mature. However, as a special legal relationship, there are many problems and drawbacks. Therefore, how to put the already large-scale labor dispatch on the right track, and really seek comprehensive protection for the vast number of dispatched employees, and at the same time promote the employment market in China to be more dynamic, This is an ambitious goal pursued by Chinese legislators and government administrations. It is also the author of this paper from the origin and development of the legal relationship of labor dispatch, as well as its problems in the development of China and the solutions we should try to explain and analyze one by one. This paper is divided into five chapters, arranged as follows: the first chapter introduces the definition of the legal system of labor dispatch, the tripartite legal relationship in the dispatch relationship. The reasons for the booming development of labor dispatch in China and the comparison and difference between the legal relationship of labor dispatch and other similar legal relations are analyzed. The second chapter introduces the theoretical research and practical experience of the developed regions of the global labor dispatch legal system, mainly including the three countries and regions of the United States, Japan, Europe and the United States and Europe and the United States, and the momentum and help to China's dispatch legal system. The third chapter, starting with the current situation of the legal system of labor dispatch in China, analyzes the forms and causes of improper dispatch in the current legal system of labor dispatch in our country. It further clarifies the problems brought about by these improper dispatch to the labor dispatch business. In the fourth chapter, the author analyzes the current legislative situation of the legal system of labor dispatch in our country, and further analyzes the trend and law of the dispatch legislation in China in the light of the latest firsthand information < dispatch regulations (draft) >. The fifth chapter, combined with the legal system of labor dispatch in front of many problems, around the dispatch organization standardization, dispatch staff rights and interests protection, dispatch dispute effective resolution and dispatch special legislation and other aspects of the corresponding improvement suggestions.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.5
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