| in the 21st century,when people find that the Internet is not only sharing and entertainment,but also can be used for business activities,the world economic development mode has changed dramatically.The main body of labor employment has gradually developed from two parties to many parties.The labor employment mode is not limited to both the employer and the service provider.The flexible and diversified way of labor employment,coupled with the lag of the existing labor relations identification standards,makes the identification of new labor relations more difficult from the perspective of sharing economy.The existing employment relationship is no longer a non labor relationship or a labor relationship.The fuzzy employment mode between the two makes the existing judicial practice in a dilemma.There are a large number of different judgments in the same case,and there is no conclusion on the qualitative study of the new employment relationship in the academic circles of our country.Labor employment is the people’s livelihood and labor relationship is a special legal relationship.It is urgent to strengthen the research on labor relationship and protect the legitimate rights and interests of flexible employees.Therefore,this paper takes the research on the recognition of labor relations from the perspective of sharing economy as the topic,and makes an in-depth analysis of the recognition of labor relations in order to contribute to the recognition of labor legal relations in China.The first chapter of this paper discusses the current situation of labor employment relationship from the perspective of sharing economy,and further discusses the reform of labor employment mode,meaning and labor factors.At the same time,it distinguishes the labor relationship often involved in flexible employment,so as to provide the following theoretical support.The second chapter starts from the judicial judgment of labor employment in the sharing economy,through comparative analysis of sample cases and the reasons for the judgment,sums up a series of problems existing in the determination of labor relations in China.In the third chapter,in view of the problems in the recognition of labor relations in our country,and drawing on the experience of foreign countries,the author puts forward some suggestions on perfecting the legislation of labor relations,reconstructing the recognition standards of labor relations,and increasing the legal system of intermediate workers. |