The Identification Of Laborers In The View Of Layered Protection

In recent years,with the rapid development of market economy,China’s labor groups have undergone great changes,the types of laborers show a diversified state,the emergence of the division of the laborers class.With the strengthening of the main sense of labor rights and interests,the contradiction between laborer and capital relations has become increasingly prominent,labor disputes continue to increase.Among them,the more prominent problem is the inability to accurately identify the identity of the laborers,the reason is that lack of specific legislation on this issue,and the existing legislation on its relevant provisions are not clear,The establishment of the identification of the identity of the laborers can’t meet today’s social needs,which led the differences interpretation between the parties.Accurate identification of the identity of laborers,especially in the existing laborers have been very clear stratification of the situation,for the effective implementation of Labor law and the effective resolution of the labor dispute cases is particularly important。In this paper,through semantic analysis,system analysis,comparative analysis and other methods,focusing on the interpretation from the perspective of the study,supplemented by the necessary legislative thinking,combined with China’s current legal regulations and foreign legislation,judicial cases,trying to reconstruct the concept of laborers,"Reluctance" standard and the theory of laborers ’ hierarchical protection,so as to find the standard of the identification of laborers,we hope to provide some reference for the reform of relevant legislation and the reunification of judicial referee rules.This paper is divided into three parts: introduction,text and conclusion.The first part of the text is based on the legislation of "laborers" in China and some overseas countries and regions,and the basis of distinguishing the characteristics of laborers themselves On the interpretation of the laborers from the perspective of the reconstruction of the laborers that labor is to reach the legal age,with the ability to engage in wage labor to obtain income as the main source of natural life;through the analysis of China in recent decades The status of labor,the status of the laborer’ groups and the social effects of the implementation of the labor law.It is necessary to clarify the standards of the identity of the laborers at the legislative and judicial levels if the legislative purpose of the labor law is to be achieved.The second part of the text of the world and China’s Taiwan region on the identity of the laborers and practical experience of the summary,and then combined with China’s existing research results were compared,that our country should adhere to the "personality subordinate" as identified laborers The basic standard of identity,and the right to expand the judicial discretion,in order to facilitate the judiciary in accordance with the different circumstances of different cases on the content of the standard content to make a different interpretation,flexible and flexible identification of the identity of laborers.The third part of the text focuses on the necessity of the theory of laborers ’hierarchical protection,the theoretical content and its embodiment in the existing legislation.This paper argues that this theory has a great effect on the social situation of the existing laborers’ stratification Space,and in this field of vision will be divided into a group of laborers working hard laborers,ordinary laborers and vulnerable laborers,the division of the standard is to adhere to the first form of substantive judgments.The fourth part of the text through the summary of the previous,that the face of changes in the group of laborers,labor law should be both from the legislative and judicial aspects of the response.Based on the existing legislation and judicial situation,this paper puts forward some suggestions on how to adjust the scope of laborers and how to implement the theory of laborers’ hierarchical protection,and can provide some ideas for solving the related problems.The labor relation,as one of the most basic and important social relations,is in positive correlation with the harmonious degree of economic society.Constructing harmonious labor relations as a necessary part of building a harmonious society,is closely related with the interest of labors and enterprises.In view of China’s existing perfect labor legislation and judicial status,this article always insists that under the current national conditions,we should through the state of clear legislation in the form of identification of the identity of the laborers to protect the laborers in a better way.