A Study Of Several Legal Issues Concerning China's Household Service Trade

The household service is a new industry which was born because of the fast-growing city, the growth of the city economy as well as the growth of people's life after the period of reform and opening up. Along with the constant development of the economy of our country and the urbanized level enhancement, the household service trade emerges rapidly, which is called"the old trade new development"by people, has become a vigorous rising industry.The development of the household service trade in our country now is faced with huge opportunity. However, many kinds of problems existing in this trade of China have tremendously hindered its development in the present day. The reasons of this difficulty can be described from three aspects, social, mental and legal, and lack of law is the essential cause of these reasons. Therefore it's necessary to make legal regulations to household service trade in China. Theoretically, to make research on legal problems in the field of household service, we can make up the theoretical defect and promote the establishment of legal institution earlier so as to regulate the household service market in our country. Pragmatically, because of the deficiency of legislation in the household service market, the criterion of the judicial decision in the household service market dispute is uncertain. So the research of this trade can provide a method to resolve the problem before the formal legislation is done.The research on basic legal problems in the field of household service of our country, such as legal relation, legal system and legal principle, is the premise and basis to perfect the legal regime of the household service business. So in the process of making research of legal problem in household service, firstly we must make a comparison analysis of the household service models, then on the basis of this analysis ,make a definite division of the different models in legal relations, and finally determine the legislation system and principle of household service. Concerning the deficiency of legal regime in household service, such as the legislation on protection of the employee's interests and rights, definition of employer's responsibility, market supervision, social insurance and relief, we should make specific analysis on specific problems and propose suggestion which make the legislation system perfect according to our national situation. So we can see to it that there are laws to go by which can solve the problem the household service business faced with and regulate the household service market to make it a healthy and orderly development.