Labor Under The Concept Of Balance Of Interests. On The Sending System

With the development of our country's market economy, user enterprise's body consciousness is strengthened unceasingly and has to decide the employing pattern independently. Labor dispatching is developing rapidly as it benefits to the enlarging and nimble employment. At the same time, how to protect the labor's rights and interest effectively is paid attention on. Labor dispatching system is regulated by Our "Labor Contract Law",which is regarded as overcorrect and harm to employer, user enterprise and long-time development. Actually, judging whether a law or a legal system is "fair" or "just" involves many factors but should follows some principles to balance the benefit between the subjects in the labor dispatch system. Only on correct and identical standards, we can get reasonable conclusion from existing law system, which is focus on this article.Our labor law lacks legal concept of labor dispatch, comparing with other countries and International organization, and then abstracts it. Labor dispatch is divided to "registration labor dispatching" and "employment labor dispatch", "the entire labor dispatch" "transferring labor dispatch" and "probation labor dispatch" by different standards of the role and the process played by employers.Owing to indistinct legal relationship, the concept of labor dispatch is missed. The labor dispatch system involves three subjects and relative relationship.Firstly, it gets the conclusion that the relation between dispatched labors and employers is labor relationship and not service relationship, comparing labor relationship and service relationship. Secondly, the relationship between employer and user enterprise is civil contract relationship. The last one, by introducing relative theories, the relationship between user enterprise and labors is different from civil contract relationship, labor relationship and is special and indirect legal relationship.As the result of the labor dispatch's disadvantages, change on this system is imperative. Two following ideas are presented, one is "partial protection to the weak and dispatched labor", the other is "employer's function of bidirectional credit guarantee", which is the innovative spot in this article.There is an analysis to "labor contract law" 92nd under the ideas. The establishment of related compensated liability is conforms to the two ideas, which is necessary. Judging from the situations that the subjects possibly obtain the liability of compensation, "Labor Law Contract" 92nd is not correct regarding the premise of compensation. It is employer, not user enterprise, who is the guarantor between dispatched labor and the third party on the idea of "employer's function of bidirectional credit guarantee". So the writer proposes suggestions on scope of guarantee and situations on revising 92nd...