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Research Of The Boundary Of Factual Labor Relations

Posted on:2017-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:K Y ZhaoFull Text:PDF
GTID:2296330488979674Subject:Law
Abstract/Summary:PDF Full Text Request
The study focused on the Supreme Court administrative tribunal [2006] NO.17 Judicial Reply and did the research on the boundary of factual labor relations. First, we analyzed the reason of doing the reply, and narrated the judgments after making the reply. We discriminated the position of reply by the systematic method. Then, we confirmed the specific interests in NO.17 Judicial Reply and ‘AnHui Case’ by Balancing of Interest theory. We found the one-sidedness in concerning the factual labor relations in this case. Author put out the key conclusion—Transform in Core Component. Next, the argument turned to macroscopic view, after analyzing the system of labor law and social security law, returned to the generalized labor relations protection, divided the labor relations and others. In the end, author summed the study, concentrated on the factual labor relations problem. By confirming the quality of Factual Labor Relations, author analyzed the impact of contract labor theory on the boundary of factual labor relations.In the chapter 1: Introduction, author determined the object of research----Administrative Tribunal [2006] NO.17 Judicial Reply and Factual Labor Relations firstly. In this part, author thought that has the contradiction between changing social relations and legal relation----legal relation cannot reply to the changing social relations rapidly, sometimes the urgent need, such as subordination relation cannot get the reply from the legal relation. On the other hand, the boundary problem in Factual Labor Relations also is a jurisprudence problem and has important meaning. Secondly, author described the research method----Logical Positivism, Empirical and Value Analyze method. Logical Positivism dealt with the interpretation and argument. Empirical dealt with real judicial problem. The Value Analyze had using in the balancing of interest. Thirdly, author summarized the Factual Labor Relations Theory and Balancing of Interest Theory. Finally, author introduced the innovation points in this paper----Transforming Core Component in concerning factual labor relations and taking the legal relation into balancing of interest theory. About the shortcoming, author thought it’s hard to review the real situation in the case, and maybe it’s better that use the sociology to ask the labor relation problem.In the chapter 2: Analyzing on NO.17 reply and case, first, author reviewed the process of making the reply----describing AnHui High Court asking for judging the case and the legal relations about it. Then author introduced legal relations of the five subjects----driver, owner of car(subordinating person), subordinated firm and transport contracting party(third party). Author gave the preliminary answer about the reply. Thirdly, the paper quoted some similar cases to concern the legal validity and legal position of the reply. In the last, author considered the legal loophole in the reply and confirmed the position in legal system.In the chapter 3: Deep Analyzing on boundary problem, author used the Balancing of Interest Theory to consider the process of making the reply and pointed the values and specific interests in the case. Here the author mentioned that legal relation should take into balancing of interest. Secondly, the study came back into the standard of confirming factual labor relations. Author thought it should break through the ‘subordination’ method and criticize the judge’s application of the reply.In the chapter 4:Review of the boundary of factual labor relations, the study argued the special background about the reply----labor law has more civil factors and social security law has more public law factors. So, the reply had the special situation that it covers two law departments. In the end, author pointed that contract labor law theory should make more effect because the lack of legislation support in non-labor relation protection.In the conclusion, author concluded the train of thought and method argument. Then author reviewed the main research achievement and indicated the future direction of research.
Keywords/Search Tags:Factual Labor Relations, Administrative Tribunal [2006] NO.17 Judicial Reply, Balancing of Interest, Social Law
PDF Full Text Request
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