Determination And Analysis Of Labour Relations In Judicial Trial

In the trial of labor dispute lawsuit,confirmation of labor relations long-term occupy heavy proportion,and the focus of other labor dispute cases revolves aroundthe determination of laborrelations,which is based on it.Along with the labor dispute increased,the part ofthe subject of labor telations has been separated and staggered,and even the appearance ofevdience has complicated and blurred toa certain degree,usually it is difficult to determine whether there is a labor legal relationship.In judicial practice,congnizancing labor relations is the basis for determining the legal relationship for dispute and determining the rights and liabilities.As a result of this,the author whose a judge at the grass root count summarized the cases of labor disputes which have been tried for many years,and tires to analyze the concrete connotation and legal orientation of labor relations on the basis of summing up the trial experience,through the introducing trial cases analyses the judicial cognizance of non standardized labor legal relation of factual labor?dual labor?dispatch labor.Because the judicial practice often appear in the civil contract covering labor relations,justice is often confused the relations which is labor relations and employment contract relationship,principal-agent relationship,the paper analyzes the employment relationshipcontract legal relationship?appointment legal relationship.This article adopts introduction of examples,contrast the differences of labor legal relations?employment legal relations?contract legal relations?appointment legal relations in legal relations by substantive judgment standard of labor relations,identified the border between labor relations and other legal relations correctly,and regulated the rights and obligations of employers and labourer in labor relationgs,searching the balance of interests by the scope of labor relations.