Economic Study On Several Issues Of The Factual Labor Relationship

The thesis begins with the visual angle of research, and it analyses and discusses some issues concerned the Factual Labor Relationship(FLR for short) in the use of economic theory and methods. Aimed at maximizing the social welfare, this thesis constructs the Macro Regulation Frame of FLR, then put forward that several sides concerned, such as the government, the enterprise, the labourer, the worker union and the mass media, etc, should positively practice their conducts in respect of the FLR.The thesis mainly consists of three parts.The first part introduces the research background of FLR and defines the FLR. In the light of the thinking of law the thesis seperates two research lines, and then points out that the confine and force of the FLR are in discussion now. Finally, the thesis makes a comprehensive statement on the existing FLR research.The notion of the FLR was originated from the rules of labor law. The analyses are dwelling on discriminations between the FLR and other concepts, such as the labor relationship, the service relationship and the labor relationship of law. There are two research lines, namely, the labor-relationship-based research and the labor-contract-based research. The confine and force of the FLR are all comprised of some point of views, especially, the latter is mainly divided into "Nullity of FLR", "Model Changed & Benefit Protected of FLR" and "All-round Protection of FLR".Nowadays, the research of FLR is largely concentrated by people in law. Concerning the fact that labor relation is basically and naturally a kind of economic relationship, therefore, it's necessary to utilize economic theory and methods to explore and promote the future research.In the wake of the economic thinking, the second part of this thesis specificly discusses three issues. First of all, it analyses the forming background of FLR in order to grasp the externally objective factors affecting the FLR. Then it makes a single-phase game analysis and a repetitive game analysis on three subjects's decision on FLR. At last, the thesis evaluates the economic influences of FRL to the enterprise, the laborer and the society.The FLR is originated from a sophisticated atmosphere of labor market, a weak construction and performance of the system of the labor market, a kind of diverse human capital of laborer and the choice mode of enterprises'labor demand. In the labour-capital contract game, both sides take "no contract" as their best choice, which based on some realistic and rational reason. In the government-enterprise-laborer supervision game, the enterprise will weigh up the gains and losses of FLR before he decides whether or not sign a labor contract with the laborer. Comparatively, the government's macro economic policy and action impetus will significantly influence the enterprise's actions and the laborer's decision.After systematically comparing the short-term benefit and the long-term cost of the enterprise, the laborer and the society, this thesis brings forward that on the ground of the existence of FLR, the cooperative motive and intention between labour and capital will ambiguously affect the social welfare. Considering our complex social background, the improvement of our labor management system may be lied in two ways: the one is to express the labour-capital's implied contract relation literarily; the other one is to regulate the factal process of labor relationship intensively.Ultimately, for the sake of boosting the regulation and continuity of FLR, the third part of the thesis advances the Macro Regulation Frame of FLR and analyses the atmospheric factors and the systematic operation. Then it points out that on behalf of the social welfare, the government, the enterprise, the laborer and the worker union, the mass media, the industrial organization, etc, should practice their own active conducts concerning the FLR.