| Under the background of shunt, market economy has become the major means ofresource allocation instead of planned economy. At the same time, with the collapse ofinternal labor market, the government hasn’t carried out “unified allocation” on thelabor force any longer, which resulted in the needed transfer of rural surplus workforce and the huge labor overflow caused by enterprise reform, and the governmentemployment pressure has increased suddenly. Government has set up huge publicemployment service agencies to cope with the stress of employment services. Inpractice, the public employment service agencies had effectively realized the laborvacancy configuration over a period of time. But along with market economy to thedepth, the public employment service agencies held by government with theemergence of some administrative bureaucratic abuses such as high cost, lowefficiency, bad service quality and without providing targeted solutions can’t meet thedemand of further development of labor market. In1980, the Party Central Committeeand the State Council put forward “three combinations” employment policy that callsfor labor departments to introduce employment, the workers to organize foremployment voluntarily and self-employment, which arranged the institutions for thecreation of private employment service agencies such as career agency. Under thecombination of market demand and policy, the career agencies in China starting withzero have gotten considerable development from the size and quantity, the quality ofservice to the strength of enterprise especially since the new century. Career agenciesin the employment service reflecting such market advantages as the good sense ofsmell, high efficiency, good service and targeted solutions effectively make upinadequacies of public employment service agencies, and play an important role in theallocation of labor force, which has become an important part of the labor marketintermediaries. Career agency that is still at the primary stage with many existing problems needs a better designed system to specify its development.In view of this, this article is divided into five parts from the perspective ofeconomic law. The forst is an introduction, which states the background andsignificance of this topic and introduces the domestic and foreign research situationand characteristics of career agencies in detail. Sociology, management, laboreconomics have done much research on career agency while it’s necessary for theevolution of career agency to carry out systemic study on it in terms of economic law,which broadens the research path effectively for economic law.Part One is the overview of career agency, which mainly introduces thetheoretical basis, evolvement of the concept, characteristics and development processof career agency. With the appearance of Quasi-market theory, career agencies replacethe government to carry on the production of employment service. Career agencies inthe form of market entity that promote public employment fully embody thecharacteristics of economic law “public-private integration”. All of domestic andforeign occupation agencies have experienced the development process from theprohibition through permission to confirmation of its beneficial supplemental status.This paper also introduces the legal evolution process of career agencies.Part Two discusses the regulation qualification of economic law of careeragencies. Career agencies reflect intermediary principle property and civil law subjectattribute of the career agency market in the form of marketing entity, operating by themarketing means. At the same time, career agency promotes public employment thatfully embodies the characteristics of economic law “public-private integration”,which is an important part of the implementation mechanism of economic law.Part Three discusses the existing main problems of occupation agency. From thegovernment level, the legal policy support for career agencies is insufficient and thelaw environment for the development of career agencies is required to be optimized,and the utilization of career agencies economic regulation means is not sufficient andeconomic incentive is not enough, and it is short of national industry planning. From the perspective of this industry, career agency is urgently needed to perfect its ownconstruction because of the following problems: the scale is small, the function issingle, the internal control measures aren’t well organized, the quality of the staff isuneven and the dishonesty problems are serious. There is serious unfair competition inthe career agency market that is disorder. The monopoly abuses restrict the overallpromotion of this industry and the low-level competition is very common withoutstrong brand awareness.Part Four introduces the regulation system of international labor organization onoccupation agency and analyzes its reference to Chinese career agencies.Theinternational labor organization formulates international labor standards through thetripartite negotiation mechanism of government, employers and employees. Severalconventions and recommendations relating with career agency have an importantimpact on the member’s management of employment agencies. This paper alsopresents Australian full market-oriented employment service form.Part Five sets forth regulations and countermeasures on the basis of existingproblems from the perspective of economic law. From the macro level, the authorsuggests that we should perfect the legal policy to affirm its position and function andensure to strengthen law enforcement to balance encouraging the development ofcareer agencies and protecting the rights and interests of workers, and we shouldpromote the law-abiding to encourage legitimate business. The author recommendsthat we utilize economic leverage to mobilize rapid development of career agenciesby the integrated use of such economic means as fiscal, taxation and financial meansand that strengthen investigation and research to plan the industry layout of careeragencies scientifically. From the micro aspect, we should specify the management ofcareer agencies through economic law and improve competitiveness throughstrengthening self-construction. We should enhance self-discipline behaviors such asthe construction of industry association and credit system, and regulate unfaircompetition phenomenons to create orderly market competition environment, and avoid monopoly abuses to promote the cooperation between career agencies and thepublic employment service agencies.The career agency is still at the primary stage and needed to perfect in manyplaces, so it has the positive significance to develop systemic study and discussionfrom multidimensional aspect. While there are plenty of theories and more successfulcases for us to borrow because career agency research is done in developed countriesearlier than our country. |
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