Legal Insights On The Affirmation Standard Of Labor Relationship

Labor relationship is the most important and complex social relationship in themodern society.The harmony of the labor relations plays a crucial role in the wholesocial harmony and stability. Therefore, in2008, it promulgated the implementationof the "The law of labor contract" in China, the first point from article is to issue thepurpose of legislation that "to protect the legitimate rights and interests, to build anddevelop harmony of stable labor relations". Unfortunately, what is the hell of laborrelationship in the sense of labor law? So far there is no clear definition from ourcountry labor legislation files, neither does the theoretical studies. The gap oflegislation and the lack of theoretical research make our country in a mess when facethe judicial practice for labor relations and deals with the problems at present. Thisarticle is to put forward some suggestions on affirmation of domestic labor relationsthrough the inspection of standard and elaborating all kinds of theories aboutdomestic and foreign labor relationships, in order to make more scholars to researchthis problem and solve the realistic problems in the judicial practice.This paper is divided into five parts. The first part of the introduction, the authormainly introduces the research motivation, theory value and practical significance ofthe affirmation standard about labor relations, and the key points of this research willbe the cognizance of individual labor relation, appropriately proposed the researchmethods of this paper. The second part is to discuss the theory on labor relations. The author introducesthe historical evolution of the labor relations and analyzes the various definitions andthe basic characteristics of labor relations from domestic scholars at the moment, andthrough the comparison between the labor relations and other similar legalrelationship, it is concluded that the subordination is the essential attributes of thelabor relations.The third part is about the theory on determination standards of the foreign laborrelations. The author introduces the two theories on definition of internationalpractice of labor relations–subordinate and control theory, and analyzes theirrespective characteristics, through the inspection of the affirmation standard of laborrelations about these6areas, such as Britain, the United States, Germany, France,Japan, China and Taiwan. So as to provide a train of thought to solve the cognizancestandard of the labor relation in our country.When comes to the fourth part, the author will catch his eye back again ondomestic, mainly introduced the basic research results which the domestic scholarsobtained from side inspection of the labor relationship. At the same time, also teasethoughts on affirmation standards of legislation about the current labor relations inour China. The author points out that the all kinds of untimely regulations, in order tomake better blackboard of reconstruction about affirmation standards of the laborrelations.The fifth part is about the reconstruction of the affirmation standard in ourcountry’s labor relations. From the above, the inspection on the affirmation standardof extraterritorial labor relations and the latest research results which domesticscholars obtained about labor relations, the author makes a further analysis on somebasic factors which have influenced affirmation of labor relation in our China, and onthis basis this article puts forward that the core and auxiliary standard of the laborrelationship.