Research On The Stepped Model Of Legal Relationship Of Network Anchors From The Perspective Of Flexible Employment

The development of modern information technology has prompted the emergence of new industries,such as network anchor.Compared with the standard labor relations,the employment mode of network anchors is more performed as non-standard labor relations,but different from service relations.To be specific,the standard labor relationship is theoretically constructed by subjectivity,including organizational subordination,personal subordination and economic subordination.And in the employment practice,it is manifested in the form of "eight-hour working system,one labor relationship and obedience to the command of the employer".The pattern of standard labor relations is different from the most flexible patterns of employment.In theory,subordination of employment in the network anchor pattern is weakening.On labor practice,it is characterized by random combination of various elements,such as working hours,working place,commissions,etc,forming the different intensity of subordination of labor.In other words,parts of the network anchors due to strong subordination can beprotected as labor relations,but most flexible employment due to weakening subordination(for example: unfixed working time,unfixed working space or unfixed payment),does not constitute labor relations.In the domestic judicial practice,such subordination weakening labor relations are almost classified to the protection category of service relations.The essence of service relationship is the contract relationship,which is according to the core of the contract to build the rights and obligations of both sides.It is bad for the workers which is in a weak group(social law recognized concept).To determine legal relation between the employer and network anchor as service relations means network anchor labor rights cannot get priority protections(including compensation recover effectiveness,inductrial injury liability cognizance,social insurance,etc.).It can be seen that the vast majority of flexible employment with labor relations cannot achieve the purpose of social law(labor law)to protect the weak.Therefore,this paper grasps the core of "subjectivity",closely analyzes the scope of the subjectivity intensity involved in the flexible employment mode,and constructs the model of the legal relationship of flexible employment with the stepped features.To be specific,firstly,to realize equal rights and obligations between the employer and the network anchor by taking the labor relationship(non-subordination)as the first step,which is a non-preferential protection.Secondly,the labor relations(highsubordination)should be taken as the third step to strictly implement the concept of preferential protection for the weak and realize the high intensity protection for workers(network anchors)according to the labor law norms.Third,explore the constitution model of "low-standard labor relations",take the low-standard labor relations as the second step,focus on the weakening core of subjectivity,fill the gap between high subjectivity and no subjectivity,so as to realize the protection of intermediate level.