Research On The Non-standard Labor Relationship Determination From The Perspective Of Labor Contract Regulation

In the legal labor relationship,the determination of labor relationship is the basis as well as critical factor for handling the labor disputes.In the trial practice,the determination of standard labor relationship involves a lot and faces great difficulty.However,the determination of non-standard labor relationship is more complicated,and there is a legislation blank at the present.Meanwhile,its outer forms are tough and diversified.The appearances and legislation of non-standard labor relationship are distinct in different historical periods.There are no uniform judicial judgment standard.These circumstances are bad for the protection of the non-standard labor relationship and influence the healthy development of the labor employment market in our country.Hence,there is great need for us to sort and analyze the current circumstance of non-standard labor relationship,and strenghthen the protection through the legislation and judicial determination.On the basis of elaborating the background and causes of occurence of non-standard labor relationship,this paper clarifies the concept and legal characteristics of non-standard labor relationship,discusses thoroughly the outer form of the existence of non-standard labor relationship.Combined with several categories of specific non-standard labor relationship the author has encounterd in judicial pracitice,the author puts forward specific determining principles and judical suggestions so as to adjust appropriately the protection of the non-standard labor relationship and enhance the legislation of non-standard labor relationship to provide equal protection for the flexible employees.