Study Of Definition Standard Of Chinese Labor Relationship

In the judicial practice, the proportion of labor controversies in civil trial cases has increased and the trial procedure becomes comparatively complex and difficult. On the one hand, there's no relevant law and regulation that is applicable to lots of newly emerged labor phenomenon because of the disorganization and lagging of the labor law and regulations. On the other hand, there's not any clear definition standard of labor relationship that has been made within the theoretical field and the law practice, and the differences between several relevant law relations such as employment and labor services which are similar to labor relationship while the applicable law and handling result of which all differ from labor relationship are undefined as well. All the factors above resulted in the increasing difficulty in trial objectively. The following points are stated in this thesis, namely, the exposition of varieties theories of labor relationship, and the discussion concerning on the comparatively deficiency and cause of labor relationship, the definition of labor relationship by other fields, the reference factors for the definition and determination of labor relationship by the author, and the interrelations between labor relationship and employment relationship, and labor service relationship, so as to give out a simple study on the definition standard of labor relationship and aspire for more people to study labor relationship and settle some practical matters in the judicial practice.