On The System Of Professional Qualification Certificate From The Perspective Of Civil Law

The vocational qualification certificate system in our country is usually regarded as an important management means to intervene and realize the allocation of labor resources through qualification evaluation under the market economy system by using the administrative permission.There is also an obvious lack of understanding of the important role played by citizens’ professional identity rights and individual interests in the establishment of human market mechanism.Although the reform of the system has been carried out for many years,most scholars still study the system from the perspective of government’s economic and market intervention,administrative management or government led vocational training.The reason for this is the lack of research on this system from the perspective of civil law,the lack of theoretical guidance and support of the basic theory of the right of professional qualification identity and the construction of private law of professional qualification certificate system,which should be the crux of the problem.Professional qualification certificate system has a profound impact on the civil rights of relevant subjects,and civil rights are the real object of system adjustment.Only by paying attention to and studying the value realization,evaluation and supervision mechanism and practical problems of the system,can we balance the civil rights of all parties more reasonably,and thus establish the professional qualification certificate system recognized by the workers and the society,so as to play a positive role in the rapid economic development.Based on the above,this paper focuses on the theory and practice of civil law related to the vocational qualification certificate system,and clearly puts forward the concept of the right of professional qualification status of civil subject natural person and the basic orientation of the system reform of regulating it into the civil code or the corresponding implementation rules in the future.Then,through the exploration of the value of civil and commercial law and the adjustment mechanism of civil identity relationship of the vocational qualification certificate system from the perspective of civil law,this paper evaluates the system effect of the operation and reform of the system,the effectiveness of relevant contracts and the protection of civil rights,and puts forward corresponding countermeasures and suggestions.In addition to the introduction and conclusion,the paper consists of the following six chapters:In the first chapter,through the analysis of a large number of new foreign language research results,it is found that the driving force of professional identity interests is the real incentive for the formation of professional qualification certificate system,and the endorsement of professional identity group rights and interests by industry associations is the condition for the formation of professional qualification civil and commercial autonomy.On this basis,the author puts forward the value and necessity of the system in protecting the public interest,professional ability evaluation and social credit recommendation,improving professional qualification and identity interests,professional honor,improving professional service quality,talent evaluation,professional behavior norms and human resource allocation.At present,the integration of public power has greatly improved the coverage of the vocational qualification system,bringing more questions about the realization of the system value.Through the analysis,this paper points out that the transition of the professional qualification certificate system in China relies on the promotion of public power,lacks the corresponding civil rights foundation and the value shaping of the system,even though the system reform still focuses on the standardization of administrative management,lacks the necessary citizens’ daily life as the main body of civil and commercial affairs and the civil law theoretical support of the market economy system,and ignores the relevant civil rights The construction of a balanced and protected legal system leads to its unacceptability by the labor market and wider social recognition.The second chapter,the theoretical basis of the study,through the study of the definition,characteristics and functions of the main rights and obligations regulating the construction of the vocational qualification certificate system,analyzes the relationship between the vocational qualification and the rights of identity and personality,especially analyzes and compares it with the rights of name,honor and reputation to draw the right boundary.On this basis,the basis of the adjustment of the private law to clarify the status of professional qualification comes from the "match between the name and the reality" of professional identity and the appropriate occupational stability,which is the objective need to improve the quality of labor force and increase the scientific and free flow of labor force.The identity and qualification system in the interest group of professional qualification identity has the internal and external relations and interaction mechanism similar to honor right or marriage and family identity,which is the private law basis of the formation of professional qualification identity right.Through these theoretical analysis,this paper proposes that the right of professional qualification status can be regarded as a new type of civil identity right with the nature of various civil "qualification rights" clearly defined in civil laws and regulations.It is determined according to the relevant professional qualification laws.It is an external sign that workers have certain professional ability and skill level and can engage in a certain industry when they choose to practice,so that they have the right of special status qualification and legal status.The right of professional qualification has the same absolute effect as other civil personal rights.The third chapter studies the acquisition of vocational qualification right and the recognition of vocational qualification,pointing out that the starting point of this system is the recognition of the application of vocational qualification right holders,while the assessment,evaluation and recognition of vocational qualification applicants by the state or industry association is the other side of the system.This paper advocates that the professional qualification evaluation organization should be marketized gradually,keep the neutrality of civil and commercial affairs of industry associations and companies,and replace the non administrative behavior of the government directly carrying out qualification identification.At the same time,this part studies the legal effect,invalidity and revocation of vocational qualification acquisition.Through the research,it is found that the process of natural person’s obtaining civil professional qualification right is in fact unified with the process of national or trade association’s assessment,evaluation and recognition of professional qualification.However,the current reform of our country is more aimed at the behavior of issuing certificates indiscriminately,which means that the reform is not effective.This paper holds that the market has demand,and the government should try to meet the objective needs of citizens and market subjects for the confirmation of professional qualification.Instead of just starting from the inertia of government management or social behavior solidification,it is better to comply with the public opinion "combination of blocking and Dredging".The need of protecting the interests of the people’s professional qualification status is the basis of obtaining the right of professional qualification.In the fourth chapter,the author makes a general analysis of the exercise of the right of professional qualification,especially the impact of the compulsory provisions of professional qualification on the effectiveness of the contract,and puts forward some suggestions on the determination standards of the relevant contract effectiveness related to professional qualification in combination with the formulation of the general principles of civil law and the civil code(Draft).Through the analysis,this paper points out that the contract that violates the provisions of professional qualification is not necessarily invalid,but should use the principle of proportion to weigh the interests of both sides of the effectiveness of the contract and the impact of the contract on the public interest.In addition,based on the analysis of the connection between the professional qualification and the professional qualification,from the acquisition to the practice of the professional qualification right,from the limitation of preventing the abuse of the right and the problem of illegally lending the qualification certificate,on the basis of the analysis of the type of the professional qualification contract,the author uses the recognition criteria proposed by himself to screen different types of relevant contracts,and puts forward specific legislative and judicial suggestionsThe fifth chapter studies the revocation of vocational qualification right and the judicial remedy of relevant infringement,combs the civil problems of the current vocational qualification certificate system in the practice of dealing with relevant disputes,and analyzes the patterns of violating the legal provisions of vocational qualification and the relevant civil disputes.In the section of revocation of professional qualification right,this paper analyzes the revocation of professional qualification right as a punishment measure,including revocation due to illegal practice,revocation due to loss of civil capacity,and revocation by the obligee.In view of the problems related to the protection of civil rights in the system of professional qualification and the development and evolution of the protection of the right of identity in the civil legislation,considering that there is no longer a single standard of the right of identity outside the personal rights in the civil code,this paper puts forward the possibility of studying the protection of the right of professional qualification with reference to the right of personality,and points out that the relief way of stopping the separation of the right of claim and the liability of tort for damages is more conducive to To safeguard the perfection of such rights.The sixth chapter is the summary of the substantial analysis and the thinking of the system construction.It puts forward the direction of the market-oriented reform of the vocational qualification certificate system and the legislative path of the civil:first,we should establish the vocational qualification certificate system with the mutual balance of personal interests and public interests under the background of public law enforcement and private law intervention;second,through the civil rights Third,improve the mechanism of vocational qualification granting and right protection.Finally,take the civil code as an opportunity to put forward the legislative suggestions of the protection mechanism of vocational qualification right and vocational qualification certificate system.Conclusion and future prospects,the civil transformation of the system of professional qualification right is the historical trend of the comprehensive and sound socialist market economic system.The modern human resource allocation mechanism and the objective need of the free flow of workers will inevitably promote the administrative human market management mechanism to the market-oriented mechanism of professional qualifications.In the future,in the era of artificial intelligence and Internet economy,the phenomenon of "unification means death,and release means disorder" will inevitably fall into the socialist human market system of science,system,coordination and private law adjustment of professional qualifications.