Study On The Identification Of Labor Relations Under The Shared Economy

Sharing economy along with the rapid development of Internet technology and penetrated into every field of society,at the same time of improving the efficiency of resource allocation,and derive new legal issues,namely the Shared economic form a new type of labor relations should be considered as the labor relations,whether the new service provider shall provide the protection of the "labor law".Due to the fuzziness and rigidity of China's traditional labor relations identification standards,there are differences in theoretical research and judicial practice on whether providing labor services based on Internet platforms should be recognized as labor relations.As for the legal nature of the new labor relations,according to the standard of the traditional labor relations,it can not give a reasonable definition.Because do not satisfy traditional labor relation to maintain a standard,because this is new,labor service provider cannot get "labor law" slant protection.From the perspective of promoting flexible employment and guaranteeing workers.They can neither respond well to the characteristics of the sharing economy nor give labor providers the most appropriate protection.In order to balance social development,promote flexible employment and give preference to the protection of new workers,the traditional "either/or" identification method has been unable to adapt to the development of The Times,and the establishment of a special subject to protect this new type of workers is a possible choice.Therefore,in the face of the new employment mode,in order not to inhibit its own advantages,and at the same time to give some protection,the best way is to set up an intermediate subject for it in the "labor law",and develop the exclusive protection mode.