外国人在中国就业管理法律制度研究
发布时间：2019-07-02 18:46
【摘要】：随着全球化经济的迅速发展,带来了人口的全球化流动,经济的发展必然会导致更多资源的流动,资源的流动就会产生劳动力资源是否合理利用的问题。改革开放以来,我国的经济也得到快速的发展,我国是目前世界上发展最快的国家,与世界各国的交流也越来越密切,吸引了更多的外国人来我国就业。在越来越多的外国人来我国寻求就业机会的同时也带来了很多问题,基于我国的基本国情,经济的蓬勃发展,人民生活水平也在不断提高,生活成本以及劳动力成本也在提高,针对这种情况,造成了国内就业形势难,劳动力市场供需不平衡的现象。另外,近些年来,大学生就业难的问题也一直得不到很好地解决,这些问题都说明我国国内就业形势不乐观,对于接纳更多的外国人来我国就业有压力,所以,我们首先要面临的问题是解决国内就业压力。在这样的背景下,本文首先对外国人、就业以及外国人在中国就业进行了概念的界定,从国际以及本国法律的基础上对其进行定义,并对外国人在中国就业的类型特征进行了阐述,其次,分析了目前在我国就业的外国人,他们对我国就业管理法律制度的影响以及带来的一些问题,然后分析这些问题以及不符合现有国情发展的地方,提出更具完善性的外国人在中国就业的立法及管理建议。笔者在分析我国现有关于外国人在中国就业的法律法规的基础上,对比了美国和日本的法律规制和管理制度,为了更好地完善外国人在我国就业的法律制度,可以结合我国现有的实际情况,借鉴国外先进的立法和管理经验,逐步调整我国在外国人就业管理法律制度上的不足,完善现行的法律法规和政策方针,使其既能保障我国劳动力充分就业,又能吸引更多国外优秀的高端人才来我国就业。所以在此过程中,笔者建议出台一部相对全面的《外国人在中国就业管理法》,健全外国人在我国就业的法律机制,实现统筹管理,适应国际新形势的发展,更全面地解决全球人才战略背景下外国人来我国就业管理的法律制度问题。
[Abstract]:With the rapid development of globalized economy, the global flow of population has been brought about. The development of economy will inevitably lead to the flow of more resources, and the flow of resources will lead to the question of whether or not to make rational use of labor resources. Since the reform and opening up, China's economy has also been rapid development. China is the fastest-growing country in the world at present, and its exchanges with other countries are getting closer and closer, attracting more foreigners to come to our country for employment. More and more foreigners come to our country to seek employment opportunities, but also bring a lot of problems. Based on the basic national conditions of our country, the vigorous economic development, the people's living standards are also constantly improving, the cost of living and labor costs are also rising. In view of this situation, the domestic employment situation is difficult and the supply and demand of the labor market is not balanced. In addition, in recent years, the employment difficulties of college students have not been well solved. These problems show that the domestic employment situation in our country is not optimistic, and there is pressure to accept more foreigners to come to our country for employment. Therefore, the first problem we have to face is to solve the domestic employment pressure. In this context, this paper first defines the concepts of foreigners, employment and the employment of foreigners in China, defines them from the basis of international and domestic laws, and expounds the types of employment of foreigners in China. Secondly, it analyzes the current employment of foreigners in China, their impact on the legal system of employment management in China and some problems brought about. Then it analyzes these problems and the places that are not in line with the existing national conditions, and puts forward some suggestions on the legislation and management of more perfect employment of foreigners in China. On the basis of analyzing the existing laws and regulations on the employment of foreigners in China, the author compares the legal regulations and management systems between the United States and Japan. In order to better improve the legal system of foreigners' employment in China, in order to better improve the legal system of foreigners' employment in China, the author can combine the existing actual situation of our country, draw lessons from the advanced legislation and management experience of foreign countries, and gradually adjust the shortcomings of our country in the legal system of employment management of foreigners. Improve the current laws and regulations and policy principles, so that it can not only ensure the full employment of our labor force, but also attract more excellent foreign high-end talents to our country for employment. Therefore, in this process, the author suggests that a relatively comprehensive Law on Employment Management of foreigners in China should be issued to perfect the legal mechanism of employment of foreigners in China, to realize overall management, to adapt to the development of the new international situation, and to solve more comprehensively the legal system of employment management of foreigners in China under the background of global talent strategy.
【学位授予单位】：中国青年政治学院
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.5;D922.14
本文编号：2509148
[Abstract]:With the rapid development of globalized economy, the global flow of population has been brought about. The development of economy will inevitably lead to the flow of more resources, and the flow of resources will lead to the question of whether or not to make rational use of labor resources. Since the reform and opening up, China's economy has also been rapid development. China is the fastest-growing country in the world at present, and its exchanges with other countries are getting closer and closer, attracting more foreigners to come to our country for employment. More and more foreigners come to our country to seek employment opportunities, but also bring a lot of problems. Based on the basic national conditions of our country, the vigorous economic development, the people's living standards are also constantly improving, the cost of living and labor costs are also rising. In view of this situation, the domestic employment situation is difficult and the supply and demand of the labor market is not balanced. In addition, in recent years, the employment difficulties of college students have not been well solved. These problems show that the domestic employment situation in our country is not optimistic, and there is pressure to accept more foreigners to come to our country for employment. Therefore, the first problem we have to face is to solve the domestic employment pressure. In this context, this paper first defines the concepts of foreigners, employment and the employment of foreigners in China, defines them from the basis of international and domestic laws, and expounds the types of employment of foreigners in China. Secondly, it analyzes the current employment of foreigners in China, their impact on the legal system of employment management in China and some problems brought about. Then it analyzes these problems and the places that are not in line with the existing national conditions, and puts forward some suggestions on the legislation and management of more perfect employment of foreigners in China. On the basis of analyzing the existing laws and regulations on the employment of foreigners in China, the author compares the legal regulations and management systems between the United States and Japan. In order to better improve the legal system of foreigners' employment in China, in order to better improve the legal system of foreigners' employment in China, the author can combine the existing actual situation of our country, draw lessons from the advanced legislation and management experience of foreign countries, and gradually adjust the shortcomings of our country in the legal system of employment management of foreigners. Improve the current laws and regulations and policy principles, so that it can not only ensure the full employment of our labor force, but also attract more excellent foreign high-end talents to our country for employment. Therefore, in this process, the author suggests that a relatively comprehensive Law on Employment Management of foreigners in China should be issued to perfect the legal mechanism of employment of foreigners in China, to realize overall management, to adapt to the development of the new international situation, and to solve more comprehensively the legal system of employment management of foreigners in China under the background of global talent strategy.
【学位授予单位】：中国青年政治学院
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.5;D922.14
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，本文编号：2509148
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