The Comparative Research On The Legal System Of Dispatched Employment In China And United States

China’s economic has grown rapidly since the thirty years reform and opening up policy, and the comprehensive national strength has greatly improved. China’s labor market is also developing rapidly, the private economy has become one of the most important component parts of our socialist market economy that we cannot ignore. We must concern the employment of private enterprise in our job market, a lot of labors begin to work in private enterprises that promote our labor market to improve and ease our pressure upon the job market, under these circumstances, labor dispatch developed very fast. Today, the haze of the international financial tsunami has not completely disappeared, and China is in the critical period of economic and social transformation, labor relationship also begin to change, the labor system constantly changes, so many problems of our labor dispatch in our labor market begin to emerge. However, the laws and regulations on our labor dispatch are not sound. it is a real challenge in front of us that how to regulate the labor dispatch and improve the country’s employment market, promote China’s economy develop rapidly, maintain social stability. Since the labor dispatch appeared in the United States, its history nearly100years. America, as a veteran of the capitalist economic power, it has a whole wealth of experience on labor dispatch, and also has a relatively complete system on the laws about labor dispatch, the laws and regulations can be learned for us and consider Chinese situations, do to improve our laws and regulations on labor dispatch.This article dispatching produce between the two countries through comparative analysis, development status, and the differences of the relevant laws and regulations, learn from the advanced experience of the United States, our dispatch system and related laws and regulations, some of the more practical advice.Base on this, this article was divided into four parts in addition to the introduction and conclusion. Part Ⅰ:The basic overview of labor dispatch. This part main describe the concept of labor dispatch、characteristic and the advantage of labor dispatch in the job market. Though doing a simple introduction about the fundamentals of labor dispatch, we can let the readers to have a preliminary understanding of the dispatch.Part Ⅱ:Introducing the history situation and the development status of labor dispatch in China and America. Doing a detail introductions about labor dispatch and through comparison,analyzing the development of labor dispatch in these two countries. The economy in the United States is on the first status in the world, and it has taken a completely free market economy, its employment completely rely on market to regulate. Labor dispatch occupies a relatively high proportion of employment patters in the United States, and as a emerging economy, the labor dispatch in China develop fairly quickly. Though analyzing the development of labor dispatch in China and US, paving the way in order to analyze the differences of laws and regulations about labor dispatch in these two countries.Part Ⅲ:The comparison of legal system of labor dispatch in China and US. Because the United States is the country with common law, it has two sets of laws——the federal law and the state law. We should make a analysis that how the two sets of law to regulate the market of labor dispatch, and what kind of standards that the labor dispatch want to enter the job market, and how to regulate the contents of the agreements of labor dispatch. After that, we should find out the areas in labor dispatch of America where we should learn,combine with the relevant laws about the regulation of labor dispatch.Part Ⅳ:The enlightenment of labor dispatch in the America. Because the labor dispatch developing quickly in our country, there must be many problems that we cannot ignore.Only to find out the problems exist in labor dispatch and the defects of laws and regulations in our country and though learn the advanced experience of the United States, combined with reality of our country,we can put forward to some suggestions about the labor dispatch in our country.