Study On The Labor-capital Contract Of Private Enterprise In China

After Reforming and Opening, private economy experienced big development,but it also meet some rigorous problems. The labor relation is one of them. Academicfield has done much extensive research on the problem of labor relations. But much ofthem are focused on some concrete problem and superficial phenomenon. They didnot analyze it from essence and content level.This paper analyzes labor relations from two essence level of property rights adcontract. First, the paper defines the concept and appearance form of labor relationsfrom property rights and contract. Second the paper dose some basic analysis on theinfluence of contract upon labor relations, points out the labor relation's basis oncontract and direct influence of contract upon labor relations. Third, the paper dosesome expand analysis on influence of contract upon labor relations. It point out theinfluence of human capital's special investment and difference characteristic uponthe term of contract, and analyzes the influence of incomplete labor-capital contractand entrust-agency labor-capital contract upon labor relations. And it analyzes therelationship between labor-capital contract and law. At last, the paper puts forwardsome suggestions on the design of contract term; manage structure of labor relations,labor union and the function of government. On the other sides, the paper point outthat we can not solve all problem of labor relations only depend on the design oflabor-capital contract because the limitation of labor-capital contract itself. So to solvethe problem of labor relations of private enterprise will be an endless process.