Definition And Legal Regulation Of Employment Relation

The emphasis of the paper is placed on historical evolution characteristics, similarity and difference, differentiation standards, employers′alternative duties and compensation system of employment and labor relations. The preface generally introduces theoretical background , research field and research methods.The paper is divided into four chapters. The first chapter descripes historical evolution of enployment relation. In the slave and fuedal society, labor lease promoted the growth of enployment which was regulated by civil law at that time. With the advance of society, labor commodity exchange turned to be common. The law that regulated employment relation became better and better due to the development. Till the imperial society, special labor law was made to adjust the employment relation. After World War Two, the main imperial countries developed into state monopoly from private monopoly. The labor law became more and more concrete and perfect. The employment relation specifically adjusted by labor law was labor relation. In China, the employment relation and labor relation are respectively adjusted by civil law and labor law because of historical problems and legislation techniche. The respectivelly-adjusted mode which need to be improved has quite a few shortcomings.Then paper lists out differentiation standards and their limitations. Four popular ideas of differentiation exist in the field: the first idea considers they should be differentiated by ideology, the second by the subject of employer, the third by the essetial characteristics of two relations and the last by the stage that the two relations belong to in material production. In my opinion, to properly define employment and labor relations should take stability and...