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Study Of A Number Of Legal Issues In Labor Relations In China

Posted on:2008-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2206360212986103Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Labor relationship that is between the labor owner and the labor user produces during the course of laboring. The harmonious labor relationship is the nuclear content in the socialism harmonious society. The development of our country's market mechanism is not highly perfect in respect that our economy and society are being shunted. From the labor relationship aspect many extrusive problems manifest as follows: a part of laborers become relatively limpness colony; the erratic labor relationship increases because the occupation form become more and more complex; the fluxion frequency of the labor force expedites, the trend that the time of labor relationship is short becomes more and more distinctive and etc.In order to establish harmonious labor relationship and consummate the current labor legal system, the author mainly adopts system analysis methods and synthetically applies the theory of law,sociology, economics and political science politics to study. The author researches the problem and deficiency of labor relationship in current society, collects successful experience and theory knowledge that the developed countries deal with the problem of labor relationship, studies our own labor law system.The author investigates and surveys our country's labor relationship actuality, mainly analyses the extrusive problems of labor relationship from legal aspect as follows: the meaning of labor relationship is incorrectly defined; the legislation levels which regulates the labor relationship is lower; the difference between the labor relationship and the other social relationship is not much in evidence; the legal regulation of virtual labor relationship meets with less recognition; the labor relationship comes up against the trial of trade secret and etc.Aiming at our country's labor relationship actuality and the extrusive problems from legal aspect, the author exploringly brings forward some countermeasure as follows: we should set up the self-determination harmony mechanism between the labor owner and the labor user to fully exert the function of collective; we should set up the wholesome social security structure and stick up for the harmonious labor relationship; the confine of labor relationship should be demonstrably defmed in thelegal system; we should strengthen the lawmaking of the virtual labor relationship to decrease the invalid labor contract; we should consummate the labor legal system from the aspect of the protection of trade secret; and etc.The author integrates theory with practice and puts forward some countermeasure. This has both the strong theory meaning and the strong practice meaning from the aspect of the protection of laborer's legal rights, especially the unemployment people and the farmer workers, the appropriate settlement of labor dispute, the abundant exertion of labor legal system's tenet.
Keywords/Search Tags:labor relationship, the virtual labor relationship, trade secret, employment relationship, labor dispute
PDF Full Text Request
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