论劳动法上的劳动者民商法学专业论文.docxVIP

论劳 论劳动法上的劳动者 1 1 2 2 Abstract How to define employee is a complex infrastructure issue of the labor law. The concept and defining standard of employee will become the core of them. But the study of above problems in China is far from being enough, and relevant provisions are not regulated by law, which bring about chaos of defining employee. Draw lessons from the domestic and foreign advanced experiences, it is necessary to improve the employee subject system of our country. The structure of this paper as follows: Firstly, as the opening words for the whole paper, introduction emphasized the theoretical and practical significance of defining employee from two levels of theoretical study and practical. That is clearly defining employee, forming a systematic employee subject qualification standard, forming a system of defining standard, which is theory sufficient, legislation complete and operation feasible. Which have become the common investigative problems of theory circle and judicial circle. And then, promoting the legal basis of theory and the interpretation of conception play important roles in legislation. Secondly, the first part of this paper discusses the conception of employee from two levels of theoretical study and legislation, and compares with the relevant legislations and theories, finds out the commonalities and differences between them. Contacting to our national conditions, finds out inadequacies of us. In the previous of discussing the standard of defining employee, the second part answers the relationship between the subject qualification of employee and the standard of defining employee, the relevant provisions on the subject qualification of labor theory or of our country, and some problems need to be discussed in detail. The third part deeply discusses the domestic and overseas about theories of the standard of defining employee. Within done theory foreshadowing, overseas study, and on the basis of the review, the fourth part focuses on some s