In recent years, with the development of industrialization, economy, social, cultural, legal and so on, there’s producing all kinds of contradictions and disputes. The resulting social conflict and other social conflicts also exposed. Producing labor disputes and conflicts of the collision, and in the process of both sides of Labor and capital’s common development, to maintain both sides of their own rights and interests that formed the intense interest game at the same time, and through a variety of ways and means to fight for the maximization of self-interest so that cause all kinds of labor dispute cases. As to enhance legal consciousness of the workers, more and more workers are willing to choose the court to labor dispute mediation. In the process of dealing with all kinds of labor dispute cases, how to determine the specific form of labor employment and how to identified problems of labor relations, has always been plagued by theory and practice, resulting in the judicial practice in China that labor relations appear chaos for the time being.Based on "the eighteenth big" conference spirit, to deepen the reform of the judicial system as an opportunity, in order to realize the rule of law as the goal, based on the actual life, the article the first and second parts with zhang v article wide bureau, television and network co. LTD as a typical case, case the focus of the controversy is put forward, namely labor relations, how the writing purpose of this article, the labor relations in the framework of the existing labor law in China have identified the problem, from the labor relations of legislative and judicial level Suggestions to consummate the related concept of the problem. Article third part focus on the identified problems of labor relations, illustrates the concept of labor relations, the main body qualifications, standards, because the labor relationship in our country is weak in the legislation, regulation, court judgment when labor relations have no unified standard to constant, lead to chaos of labor relations, so in the fourth part, the cognizance of the labor relationship issues from be perfected in the legislation, legislative ideas, to labor property for the main standard of labor relations, grasp of the standard of labor relations, and will organize some kind of special labor relations under the properties view for qualitative, in order to safeguard the legitimate rights and interests of labourers, create a harmonious social relations, building a harmonious socialist society unceasingly, to realize the great Chinese dream. |