An Empirical Study On The Qualifications Of The Laborers In College Students

The issue of the qualifications of the laborer's main body of students is much co ntroversial both in theory and in practice.In theory,there is a long history of controv ersy over whether the students have the qualification of laborers or not,but there is s till no consensus yet.In legislation,there are few relevant regulations for providing la bor services to students.In the judiciary,there is a status quo of poor implementation due to the existence of the theory of labor relation recognition itself.As a result,the phenomenon of poor implementation is even more pronounced when dealing with lab or disputes in a special area where students are a party.This article intends to use e mpirical research methods to statistically analyze the sample of the referee documents to show the state of the students' laborer qualifications in the judicial practice.This c oncludes the specific issues reflected in the judicial decisions.Based on this,we can analyze the causes of problems in judicial decisions combines with the status quo of t heory and laws and regulations.Accordingly,we can explore the path to solve the pro blem from the theory,legislation and judicial three levels.Based on the results obtained from the statistics of 78 judgment documents,it sh ows that the following problems exist in the judicial referee's determination of the sub jective qualifications of students in school.Firstly,judging from the status quo of judi cial adjudication,the results of the determination of whether or not a student has the qualifications of a laborer in a referee's subject are not uniform,and there is a genera l tendency to deny the subjective qualifications of laborer as students.Secondly,there is confusion,selectivity and mechanization in the referee's application of the normati ve basis.Specifically,there is no relatively uniform application of the train of thought.There is a difference in the applicable norms when affirming or denying student qual ifications.At the same time,the interpretation is based on the fact that the application is mechanized and it's not combined with the specific circumstances of the case.Thi rdly,the reasons for the referee are obviously out of balance:heavy form and light sub stance.The "student status" is the core focus of the referees,and the sub-standards for review of attributes have a disproportionately high proportion of reasons for denying the subjective qualifications of laborer for students in the school.Based on the above-mentioned problems in the judicial practice,we can analyze the reasons from the theoretical,legislative and judicial aspects.Firstly,the lack of def initions and the neglect of the basic values of labor law are theoretically discussed.T he definition of “worker” in the theoretical circle is still inconclusive.Therefore,it i s impossible to reach an agreement on whether the student has the qualification of the laborer.Secondly,the legal relationship itself involves complexity,involving students,schools and related units,and the state of the relationship between the three parties is not static.Thirdly,the relevant regulations concerning the subjective qualifications of laborer for students in school are confusing and the normative effect level is low in t he legislation.Fourthly,the neglect of the substantive characteristics of labor relations by the referee's subject unreasonably enlarges the role of Article 12 of the Opinions i n practice,and the efficiency of the application of the sub-attribute standard specified in Article 1 of the Circular is inefficient in judicial matters.In view of the above difficulties and causes,the author proposes the following th ree points to improve the proposal.Firstly,the principle of tilt protection was reiterate d in the research on the qualification of laborers at the theoretical level.Secondly,we can adjust relevant regulations for the subject qualifications of laborer for students at the legislative level.We can specifically through raising the level of effectiveness of the norm,clarifying the boundary of “work to help students” in Article 12 of the O pinions,amending Article 1 of the “Notice”,referring to the “examination of eleme nts” outside the domain,and deleting the requirement of "concurrently" in Article 1 o f the "Notice".Thirdly,at the judicial level,a “universal standard,categorical and qu alitative” path analysis is adopted to determine the qualifications of students in the sc hool,and eliminate the adverse effects of Article 12 of the Opinions and strengthen th e use of the standard of attribution to establish the "unified standard" for the qualific ation of students in school.And then we should strengthen the awareness of differenti ating and implement "categorization and characterization" in the different forms of part icipation in socialized labor.