Study On The Legal Issues Of The Identification Of Labor Relations In China Under The Shared Economy

The shared economy takes The Internet platform as the main form of operation,and in recent years,with the development of Internet technology and the popularity of mobile smart terminals,it has developed rapidly.While effectively improving the efficiency of the use of idle resources in society,it also provides a large number of job opportunities in the labor market.However,the legal relationship between Internet platform and individual workers in the shared economy is different from the traditional labor relations,it is difficult to directly apply the current labor relations recognition standards in China when labor disputes arise,and in our country's judicial practice,the judgment results of such cases are also quite different.The new type of labor relations under the shared economy is difficult to be accurately identified in the labor law system,and it also causes the dispute of the distribution of rights and obligations of the subject of labor relations.Therefore,the identification of labor relations under the shared economy is an important theoretical and practical problem that needs to be solved urgently,and it needs to be answered at the institutional and practical levels.This paper uses case studies and comparative research methods to study the legal issues of the identification of labor relations in China under the shared economy.Based on the legal problems existing in the identification of new labor relations under the shared economy,combined with the new employment mode and the specific characteristics of labor relations under the shared economy,the article summarizes the useful experience by a comparative study of the criteria for labor relations in the civil law system and the common law system,and summarizes the legislative norms of labor relations in China.The corresponding countermeasures are put forward in the aspect of the idea and the worker's rights.In addition to the introduction and conclusion,the main content is divided into four parts:The first part is an overview of the identification of labor relations under the shared economy.Taking the traditional labor relations as the starting point,the concept,characteristics and criteria of traditional labor relations are expounded.Then the characteristics of the employment mode of shared economy are analyzed,and the theoretical dilemma of labor relations determination under the shared economy is summarized bycomparing the attributes of the two employment modes.The second part is the analysis of the problems and causes of the identification of labor relations in China under the shared economy.Based on the legal provisions related to the determination of labor relations in China,the problems existing in the identification of labor relations in China under the shared economy are summarized,including the difficulty of applying the current criteria to the new type of labor relations,the difference in the judgment results of similar cases,and the difficulties in protecting the rights and interests of workers.And the principle of labor relations identification and the current legal provisions as the entry point of the above-mentioned problems are analyzed,mainly: labor relations identification standards lack of flexibility,in practice,the identification of ideas are not unified,labor rights and interests to the existence of labor relations as the only elements.The third part is to learn from the extraterritorial experience of the identification of labor relations under the shared economy.It mainly expounds the legal provisions and practical experience of labor relations in Germany,Japan,the United Kingdom,the United States and other countries under the shared economy,among which it is of reference to establish labor relations in China by adding the main body type of labor relations,giving judges more flexibility of discretion and expanding the coverage of labor rights.The fourth part is the countermeasure suggestion of the labor relations determination problem in our country under the shared economy,which is the core content of the full text.In view of the legal issues raised in the second part,combined with the extraterritorial experience of reference significance in the third part,the corresponding suggestions are put forward on the relevant legal issues related to the determination of labor relations in China under the shared economy.This paper holds that the solution to the problem of labor relations determination under the shared economy needs to start from the three levels of legal norms,judicial recognition and labor security: at the level of legal norms,we should take the attribute as the core identification standard,recognize other types of labor relations subjects,and establish a three-dimensional system of labor relations determination.At the level of judicial identification,we should relax the criteria of identification properly in judicial practice,and promote the unity of labor relations identification ideas by issuing guiding opinions throughunified issuance.At the level of labor security,we should set up appropriate labor security obligations for the Internet platform,and reform the social security system to improve the system of labor rights and interests protection.