Look Employment From Foreign Agencies Dispatch System Conflict Behind

From2012to2013, the State has issued the <amendments to the labor contractlaw>, the <Convention on the trial of labor disputed interpretation of the lawapplicable to several issues (d)>(hereinafter referred to as the judicial interpretationof the four), as well as the <dispatch provisions (draft)>(hereinafter referred to as theprovisions) and other labor-related legislation, with its aim at further improvement oflabor market, especially labor dispatch. Coincidentally, three bills are directly orindirectly contain the articles related to the employment of foreign representativeoffices. The decisions on issues such as that "whether foreign representative should begranted to hire employees directly", and that "whether labor dispatch of Foreignrepresentative offices should be included in the Three Characteristics" are repeatedlytangled. So it maps out the complexity of dispatch problems, and the strugglesbetween the intentions of the legislator and the labor market.This article starts from the issue of Foreign Resident Representative Officeemployment, analyses the feasibility on direct employment of Foreign ResidentRepresentative Offices, and studies the legislation shift of the Supreme Court.Meanwhile, by referring to the domestic and overseas practices, combined withhistory and current situations, the author makes an insight analysis on China’s currentLabor Dispatch regulations and comparative introspection on Labor Dispatch blindzones in China. In conclusion, both the causes and the application status of Chineselabor dispatch are quite different from the oversea labor market. It will be risky andcounterproductive to control labor dispatch market by simply copying "threecharacteristics" concept from oversea practices. Only by realizing that institutionalconflicts behind the labor dispatch, arranging a series of transition from a plannedeconomy to a market economy relations and contradictions, deregulation of the labordispatch current administrative control, labor market will find its own way to solvethe current problems, and ultimately change to a rational and perfect market.Besides the introduction and conclusion, this article consists of five chapters. The first chapter aims to analyze the reason that the Supreme Court hesitated togive foreign representative offices direct employment rights before the <judicialinterpretation of the four> was issued, and to explore the phenomenon that theSupreme Court change back from concept logical thinking to the reality.Chapter II looks through both domestic and oversea perspectives respectively,recalling the origin of Chinese labor dispatch, exploring oversea labor dispatch originand features. Through the contrast of two perspectives，it reflects on the blank area inour country for labor dispatch management thinking.Chapter III focuses on the dispatch of State-owned enterprises which receivedmost social criticism on labor dispatch currently, studies its internal reasons, externalpolicy interventions, as well as the institutional conflict behind labor dispatch.The fourth chapter looks through the United States and Japan for labor dispatchmanagement ideas, refines the worthy of our learning experience.The fifth chapter is looking to the future, hopes that the Government will stopexcessive intervention as soon as possible. It proves that appropriate deregulation isthe only way to restore the normal order of the labor market.