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Economic Research On The Identification And Adjustment Of New Labor Relations In Internet Economy

Posted on:2020-05-12Degree:DoctorType:Dissertation
Country:ChinaCandidate:J P TanFull Text:PDF
GTID:1367330575979342Subject:Law and Economics
Abstract/Summary:PDF Full Text Request
The rapid development of the Internet economy has had a profound impact on social resource allocation and benefit distribution mechanism,meanwhile,the labor relationship in the new format born from “Internet +” is also undergoing new changes.Through comparing the labor relationship with new characteristics in the Internet economy with that in the non-Internet economy,in this article,we call the former called a new type of labor relationship,while the latter traditional labor relationship.While new characteristics of new labor relationship in Internet economy give rise to many new risks,which impede the realization of the core interests of laborers and Internet enterprises in the Internet economy.This is not conducive to the establishment of harmonious labor relationship,nor to the continued growth of the Internet economy and social stability.Therefore,it is urgent to standardize and adjust relevant legal systems.What is incongruous with the necessity and urgency of this realistic demand is that the existing labor laws and regulations in china all increase the cost of employers' units to ensure the slant protection of workers in the legal system.This kind of system design is based on subordination criteria of traditional labor relationship,which is not in line with the actual development of Internet economy,and the core interests of laborers of the Internet economy and Internet enterprises.In this respect,it shows lagging behind and inefficient characteristics in the identification and adjustment of new labor relations in the Internet economy.In the new labor relationship of the Internet economy,the article argues that it is impossible to protect the interests of laborers by compressing the living space of Internet companies and increasing the cost of Internet enterprises.Instead,core interests of laborers and Internet companies,and the growth benefits of the Internet economy should be regarded as an interactive,promoting and supporting mechanism to be controlled fully.The related legal system design should consider both the effective protection of the interests of laborers and the incentives for Internet companies,and establish a win-win and harmonious new labor relationship between laborers and Internet companies,which makes the two partners jointly promoting the growth of the Internet economy,meanwhile,they can fully share the fruits of the development of the Internet economy.The article constructs an analytical framework for the economic research of the identification and adjustment of new labor relationship in the Internet economy based on the relevant theories of Marxism and the relevant theories of Western economics.In view of identification of new labor relationship,the article uses VAR model to conduct empirical analysis on relevant data,establishes the value guidance for optimizing the new type of labor relations subordinate identification standard,and realizes the value guidance in the optimization of the evaluation system of the new type of labor relations subordinate identification standard.With respect to the adjustment of new labor relationship,the article puts emphasis on defects exposed by Labor Law,Labor Contract Law,Labor Dispute Mediation and Arbitration Law on the adjustment of new labor relationship,and gives countermeasures and recommendations of optimizing and innovating the system arrangement.The chapter and framework of this article are as follows:Chapter 1,introduction,including the background and significance,literature review and evaluation,the main research methods,as well as the innovation and deficiencies.Chapter 2,theoretical basis for the development and adjustment of new labor relationship.This chapter first defines the connotation of the new labor relationship in the Internet economy and the research scope,constructs the analytical framework based on relevant theories of Marxism and Western economics.Therein,the relevant thoughts and theories of Marxists involved in this article mainly include four aspects:(1)theory of alienated labor of Marx and Marx's theory of all-round development of human beings;(2)Marx's theory of labor relations;(3)Marx's theory on historical materialism;(4)Chinese contemporary Marxist thoughts and theories about labor relations.The guiding role of the above theories lies in that the legal system arrangement related to the adjustment of the new labor relationship should be based on the basic national conditions in which China is still in the primary stage of socialism,make the scientific and reasonable prediction according to the current development level of the Internet economy,construct an effective labor legal system that can stimulate the sustainable development of Internet companies and regulate short-sighted behavior during their development process,protect not only protect the legitimate rights and interests of laborers but also limit the extension of their rights,so that the people,especially the laborers serving them can fully share the fruits of the rapid development of the Internet economy and try to overcome the negative consequences of labor alienation.The relevant theories of Western economics involved in this paper mainly include several aspects:(1)Coase's transaction cost theory;(2)Posner's efficiency standards and risk prevention theory;(3)Incentive theory.The guiding role of the above theories lies in: when constructing relevant legal system arrangements for adjusting new labor relations,they should improve the social wealth as the starting point,overcome the adverse consequences of “reverse selection” or “moral hazard” caused by information asymmetry,and strive to reduce transaction costs and seek law of the supply of Karldor-Hicks efficiency improvement.Chapter 3,the characteristics and analysis of risks of new labor relationship.It is the rise and development of the Internet economy that has caused the variation of China's labor relations: the new economic form has given birth to a new type of labor relationship with characteristics different from traditional labor relationship,and a series of new risks accordingly.By analyzing the typical cases of risk distribution of new labor relations in China,this paper points out that the reason why the court is conservative or uncertain in the identification of new labor relationship,it mainly is due to that the existing legal system in China has many deficiencies in adjusting the new labor relationship.The reason for the low efficiency of the legal supply lies in the fact that the traditional subordinate criterion of labor relations lacks explanatory power in the new situation.Chapter 4,optimization of the identification criteria of new labor relations.In order to construct the subordinate identification criteria of new labor relationship,the chapter investigates them from the following three aspects: the legislative purpose of mandatory clauses in China's current labor legislation,the influence of mandatory clauses on labor relations judging standard,and law-abiding cost and law-breaking cost,and through VAR model,the relevant variables are empirically tested,establishes the value guidance for optimizing the new type of labor relations subordinate identification standard,analyzes functions and limitations of mandatory clauses related to the admissibility of labor relations in China's current law.On this basis,according to the new changes of the core interests of the main body in the new labor relationship,the optimization of the new labor relationship's attribute determination index system is completed.Chapter 5,analysis on the efficiency of the main legal system to adjust the labor relationship.The chapter analyzes the defects of incentives and regulations for Internet companies exposed by Labor Law,Labor Contract Law,Labor Dispute Mediation and Arbitration Law,and low efficiency in protecting the employment,treatment,and relief benefits of workers in the Internet economy.Through the theoretical analysis from the problems above,countermeasure and suggestion are provided for realizing the effectiveness of relevant legal systems in adjusting labor relationship.Chapter 6,countermeasures and suggestions on effective identification and adjustment of new labor relationship.The following principles must be implemented when constructing a legal system of effective identification of new labor relationship: the standard of optimizing new labor relationship in theory;the standard of identifying new labor relationship in legislation,and the standard of implementing new labor relations in practice.The following principles must be implemented when constructing a legal system of adjustment of new labor relationship: the core interests of the subject of the new type of labor relationship should be clarified at the policy level;the core interests of the subject of the new type of labor relationship should be confirmed at the legislative level;and the core interests of the subject of the new type of labor relationship should be implemented at the law enforcement level.Besides,the effective risk prevention mechanism of new labor relationship should be established by exerting the government's intervention function,strengthening industry autonomy,and media guidance.The above countermeasures and suggestions are aimed at maintaining the harmony and stability of labor relationship in the Internet economy and promoting the development of the Internet economy.Effective identification and adjustment of new labor relationship in the Internet economy is not only related to social harmony and stability,but also to the sustained and healthy development of the Internet economy.Only through the optimization and innovation of the current labor legal system can the effectiveness of the identification and adjustment of new labor relationship in the Internet economy be realized.
Keywords/Search Tags:Internet economy, new labor relationship, subordinate criterion, efficiency of legal system
PDF Full Text Request
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