| The development of economy is closely related to the labor and employment.The legalization of labor relations is an important guarantee for standardizing the employment and protecting the legitimate rights of workers.At present,the sharing economy with internet platforms as a medium is showing a rapid development trend.Compared with traditional employment,the employment in sharing economy is more flexible and diversified.At the same time,labor relations are even more difficult to define,the related labor disputes and definitional differences at the judicial level are also increasing.Regarding whether the labor relations in the sharing economy are applicable to the adjustment of Labor Law,not only the legal provisions should be defined,but also the type analysis should be conducted.At present,in the Labor Law and LaborContract Law legal provisions,there is no clear stipulation on the criteria for the determination of labor relations.At the level of judicial practice,the first article of the "Circular of the Ministry of Labor and Social Security on Establishing Matters Related to Labor Relations" is generally used to define the labor relations of employment without the signing of labor contracts.However,the standard finds application difficulties in determining the labor relationship of the sharing economy.The premise of legal regulation of the employment of sharing economy is to carry out the type analysis of its employment pattern,the judgment criteria and legal regulation of the labor relationship should adhere to the "Legal Subordination" as the core.This will not only be helpful to provide reference for the determination of labor relations in the current judicial practice,but also will make further legal regulations and guarantee for the development of the sharing economy in China.This article is based on the study of the legal regulation of labor relations in the sharing economy.Through literature research methods,case study methods,and interview methods,the thesis discusses the topic in four parts.The Chapter One starts with the basic theories of labor relations in legal recognition,and explains the basic concepts,dual attributes,identification marks of labor relations.It lays the theoretical foundation for the legal analysis of the labor relations in the sharing economy.The Chapter Two defines the basic concepts employment of sharing economy,it analyzes differences between sharing economic employment and traditional labor employment.This section carries out a type analysis of the sharing economy employment platform.The author divides the situation into three categories:the enterprise as a management subject,the information platform and one part of the "quartet agreement"legal relationship.This classification analysis also paves the way to the third part.The Chapter Three mainly analyzes the challenges brought by the employment of sharing economy to the legal regulation of labor relations.This section is based on the differences in the determination of the labor relationship for the sharing economy in judicial practice.By analyzing the cases of labor disputes that have emerged in the sharing economy in recent years,we can draw conclusions about the existing judicial disagreements.This further analyzes the challenges posed by the current labor sharing economy to the identification of labor relations at the legal level.Including the "challenge of the concept for the identification of labor relations" and "the problem of determining the existence of labor relations based on the tendency of ’subjectivity’".At the same time,ther are also some limitations to labor certification.The Chapter Four mainly introduces the author’s thinking on the legal regulation of labor relations in the sharing economic employment through the analysis of theory and judicial practice.This part is mainly divided into two levels.At the macro level of the legal thinking,the author believes that the sharing of economic employment should still adhere to the idea of legal regulation.At the same time,it should provide labor security for the participants of the sharing economy from the perspective of labor law.The author also introduces the extraterritorial judicial experience in legal regulations of labor relations.Then,the thesisproposes legislative proposals for the legal regulation of the sharing economic labor relations,including strengthening "legal subordination","classification of labor laws and regulations,"and "strengthening the coordination of labor relations". |
