雇主替代责任中的雇佣关系界定分析word格式论文.docxVIP

employment relationship types, and by analyzing the common point between the employment relationship and labor relationship, the difference between the employment relationship and contract relationship, we disclosed the essence of employment relationship is their subordination, the interpersonal attribute, the controlling attribute in employment scope and non-free of the will, which are very key reference standards in defining the employment relationship. Meanwhile, to further differentiate the scope in vicarious liability, we thoroughly analyzed the three theoretical basis in vicarious liability, the theory of Control And Supervise, Public Policy and acknowledge on the basis of the reference standard, the most important of which is the theory of Control And Supervise.Thirdly, by comparing and analyzing the judgment criterion of British, America, Japan, Taiwan in China, the authority to Control And Supervise turned out to be the main definition criterion. By thoroughly investigating the definition of the vicarious liability in China, some drawbacks are pointed out in our current laws, so the scope of employment should be defined as business employment relation.Fourthly, definition in four special conditions in our county is discussed, including helper and volunteer, reemployment, lending employment, labor sending and one employee with several employers. As far as we concerned, in our country, the definition of special employment relation is still in its weak stage, both in legal regulations and theoretical exploration.Last but not the least, the importance of employment relation definition is illustrated by making a conclusion. In our country, in defining employers vicarious liability, the essence of employment should be the base, the contract of employment should be the frame of reference, the authority to Control and Supervise should be the most basic test. At the same time, our countrys Employer-Employee Relationship is limited to the business one.Key words: Empl