中美德三国职业培训立法的比较研究

发布时间：2018-07-10 16:29

本文选题：职业培训 + 中美德　；参考：《湖南师范大学》2015年硕士论文

【摘要】：就业是民生之本。我国作为一个拥有十三亿人口的发展中国家,当前正面临着异常严峻的就业问题。党和政府非常重视就业问题,将就业看作是改善民生、推动经济发展、促进社会和谐的头等大事。我国促进就业和稳定就业的重要途径之一就是职业培训,同时这也是政府解决结构性失业的根本举措,对经济社会的发展有着不可或缺的作用。然而,职业培训要想持续性发展,必须依靠法律来规范和约束。目前,我国已经出台了许多职业培训的法律法规,初步形成了职业培训立法体系,并取得了一些成绩,也积累了一定的宝贵经验。然而,从总体上来看,目前我国职业培训立法活动多以政府为主导,法律条款多偏于倡导性建议,立法中的监督与反馈环节也较为薄弱,职业培训法的实施效果不尽如人意,职业培训的发展也受到了一定的限制。一直以来,西方发达国家对职业培训都相当重视,职业培训立法体系也相对完善,其中颇具代表性的就有美国和德国。前者是世界头号经济强国,后者以“双元制”职业培训而闻名世界。这两个国家早在一百多年前就开始了职业培训立法相关实践的探索,并已经形成了一套相对完善的职业培训立法体系,积累了许多职业培训立法的经验,对其他国家具有很大的借鉴价值。笔者通过相关文本研究,对中、美、德三国职业培训立法进行对比分析,从而对我国职业培训立法的完善提出了建议。论文从四个部分展开了论述:首先阐述了研究动机和研究意义,通过对国内外研究现状的梳理,确定了研究的思路和方法,同时还对文章所涉及的相关概念做出了界定。其次,通过查阅中、美、德三国职业培训立法资料,对三国职业培训立法发展脉络进行梳理,勾画了三国职业培训立法形成与发展的历史过程。再次,通过对三国职业培训立法的主体、客体、程序进行比较,总结其各自的特征。最后,通过对三国职业培训立法特征进行分析,反思我国职业培训立法存在的不足,从而提出完善我国职业培训立法的建议,即健全立法主体、修订立法客体、调整立法程序。
[Abstract]:Employment is the foundation of people's livelihood. As a developing country with a population of 1.3 billion, China is facing a severe employment problem. The Party and the government attach great importance to the issue of employment, regard employment as the most important task to improve people's livelihood, promote economic development and promote social harmony. One of the important ways to promote and stabilize employment in China is vocational training, which is also the fundamental measure of the government to solve structural unemployment and plays an indispensable role in the development of economy and society. However, if vocational training wants to develop continuously, it must depend on law to regulate and restrict. At present, our country has issued many laws and regulations of vocational training, and has initially formed the legislative system of vocational training, and has made some achievements and accumulated some valuable experience. However, on the whole, at present, the legislative activities of vocational training in our country are dominated by the government, the provisions of the law tend to be more advocacy suggestions, the supervision and feedback links in the legislation are also relatively weak, and the effect of the implementation of the vocational training law is not satisfactory. The development of vocational training has also been limited. All along, the western developed countries attach great importance to vocational training, and the legislative system of vocational training is relatively perfect, among which the representative ones are the United States and Germany. The former is the world's largest economic power, the latter is known for its dual system of vocational training. These two countries began to explore the relevant practice of vocational training legislation more than 100 years ago, and have formed a relatively perfect system of vocational training legislation, and have accumulated a lot of experience in vocational training legislation. It has great reference value to other countries. The author makes a comparative analysis on the legislation of vocational training in China, the United States and Germany through the study of relevant texts, and puts forward some suggestions for the perfection of the legislation on vocational training in China. This paper discusses from four parts: firstly, it expounds the research motivation and significance, through combing the current research situation at home and abroad, determines the research ideas and methods, at the same time, defines the related concepts involved in the article. Secondly, through consulting the legislation data of vocational training in China, the United States and Germany, the author combs the development of the legislation of vocational training in the three countries, and outlines the historical process of the formation and development of the legislation of vocational training in the three countries. Thirdly, by comparing the subjects, objects and procedures of the three countries' vocational training legislation, the author summarizes their respective characteristics. Finally, through the analysis of the legislative characteristics of vocational training in the three countries, this paper reflects on the shortcomings of the legislation on vocational training in our country, and puts forward some suggestions to perfect the legislation of vocational training in China, that is, to perfect the subject of legislation, to revise the object of legislation and to adjust the legislative procedure.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：G719.1

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