Research On Distribution System Of Rights And Interests For Employee Breeding From The Perspective Of Labor Relation

Modern plant breeding patterns have mostly developed into employee breeding model cooperated by organizations and teams.Employee breeding,as an important part of new plant variety protection system,influences a country’ s innovation and competitiveness.However,the distribution system of rights and interests for employee breeding is incomplete.The standard of employee breeding is different,rules for ownership of right is simple,and the system of rewards allocation is difficult to implement,all of these restrict the creative enthusiasm of breeders.Looking at the developed countries in the world,every effort is made to achieve the balance of interests between employers and breeders,and to give certain inclination in policy for employee breeders in ownership of right and rewards allocation.Improvement of rights and interests distribution system for employee breeding plays an important role in promoting technological innovation,safety of agricultural industries,and social science and technology progress.In response to this topic,the study deeply analyzes the main issues such as ownership of right,rewards allocation and rights and interests relief in employee breeding,from the perspective of labor relations,which is the basis of legal relations for employee breeding.First,the study introduces the basic theory of rights and interests distribution system for employee breeding by means of literature analysis and value analysis.First of all,introduce the concept of employee breeding,the nature and characteristics of legal relations for employee breeding.Labor relations is the precondition of legal relations for employee breeding,its nature both possess personality and property,equality and dependency,antagonism and consistency.Secondly,from the perspective of labor relations,analyze the standards of employee breeding,including: labor relations between the parties,breeding is done based on agreed or specified,breeding belongs to the scope of labor contract reasonably expected.Thirdly,the theoretical basis of this study includes market regulation,interests balance,modern property and institutional change theory.Fourthly,explore the realistic value for improvement of rights and interests distribution system for employee breeding,such as improving breeding capacity for independent innovation,promoting the transformation of agricultural science and technology achievements,and protecting the safety of agricultural industry,and maintain the harmonious development of labor relations,etc.Second,investigate the distribution system of rights and interests for employee breeding by method of comparative analysis.The assignment of rights and interests for employee breeding is regulated by different laws in different countries,including America Invents Act,the Civil Code of the Russian federation,Seeding Act of Japan and Seed Industry Law of South Korea.The characteristics of extraterritorial distribution system of rights and interests for employee breeding includes: transfer agreement in advance as the basis,clearing calculation method innovation,improving the system of labor union to provide security.Third,analyze the legislation status and problems of the distribution system of rights and interests for employee breeding in China.The legislation status of the distribution system of rights and interests is analyzed from the two aspects including rights attribution and reward distribution.Through clarify existing legal system of our country,summarizes the problems existing in the distribution system of rights and interests for employee breeding,including: the legal system needs to be improved,legal priority mode has its drawbacks,the level of existing system needs to be improved,and the relief of rights and interests distribution is lack.Last,the study puts forward the suggestions on the improvement of the distribution system of rights and interests for employee breeding in China from the perspective of labor relations.In the basic principles of the distribution of rights and interests,follow the principle of balance harmony,agreement priority and inclination protection.The rights and interests distribution for employee breeding should be the priority as agreed,in the form of labor contract and rules and regulations of unit.The ownership of rights can adopt mixed ownership patterns,enjoy the variety rights in common by breeders and units.When the rights and interests distribution for employee breeding is not dated in advance,and cannot negotiate consistent later,it would directly apply the legal regulation: for the employee breeding done by position of this unit tasks,variety rights is belong to breeding units;for the employee breeding done by which mainly use the material condition of units,variety rights is belong to breeders.The disputes on the rights and interests distribution for employee breeding belong to the category of labor disputes.The special rules of labor dispute should be adopted,the burden of proof is reversed,and the system of technical investigation officers is introduced to improve the mechanism of reliefs for rights and interests.At the same time,pay attention to the connection in jurisdiction of litigation between the rights and interests disputes.The rights of ownership disputes is under the jurisdiction of the intermediate courts in the place where the employer is located or where the contract is performed.While the rewards distribution disputes is under the jurisdiction of the basic courts where the employer is located or where the contract is performed.