高校畢業(yè)生就業(yè)權(quán)益保護(hù)問(wèn)題研究
發(fā)布時(shí)間：2018-07-23 16:41
【摘要】： 隨著擴(kuò)招數(shù)字的連年加大,每年涌入就業(yè)市場(chǎng)的高校畢業(yè)生數(shù)字也成幾何級(jí)增長(zhǎng)。這表明我國(guó)高等教育已經(jīng)走向大眾化,使得我國(guó)勞動(dòng)力的知識(shí)文化水平有了很大的提高,為推動(dòng)我國(guó)經(jīng)濟(jì)社會(huì)的快速發(fā)展提供了充足的高端人力資源。然而,高校畢業(yè)生人數(shù)的急劇增加也給畢業(yè)生就業(yè)帶來(lái)了巨大的壓力,使就業(yè)市場(chǎng)轉(zhuǎn)變成了買(mǎi)方市場(chǎng),出現(xiàn)了明顯的供過(guò)于求的現(xiàn)象,用人單位和高校畢業(yè)生之間的地位差距日益懸殊。隨著用人單位的強(qiáng)勢(shì)地位越來(lái)越明顯以及現(xiàn)有法律制度的不健全,高校畢業(yè)生就業(yè)權(quán)益受侵現(xiàn)象逐漸增多。這也凸顯出高校畢業(yè)生就業(yè)權(quán)益保護(hù)體系的運(yùn)行困境,還高校畢業(yè)生以切實(shí)到位的權(quán)益保護(hù)是我國(guó)當(dāng)前亟待解決的重大問(wèn)題,也引起了全社會(huì)的廣泛關(guān)注。 就高校畢業(yè)生的法律地位而言,其并無(wú)特殊性,因此本文對(duì)于高校畢業(yè)生就業(yè)權(quán)益保護(hù)體系的分析是在保護(hù)勞動(dòng)者的總體視野下進(jìn)行的。文中首先對(duì)高校畢業(yè)生和高校畢業(yè)生享有的就業(yè)權(quán)益進(jìn)行準(zhǔn)確界定。然后在對(duì)我國(guó)高校畢業(yè)生就業(yè)過(guò)程中的維權(quán)現(xiàn)況進(jìn)行實(shí)證調(diào)查和資料查詢的基礎(chǔ)上,運(yùn)用當(dāng)代先進(jìn)法學(xué)理論和法律社會(huì)學(xué)研究方法對(duì)高校畢業(yè)生就業(yè)權(quán)益保護(hù)體系運(yùn)行的困境進(jìn)行多角度、深層次原因分析,并借鑒國(guó)內(nèi)外就業(yè)權(quán)益保護(hù)成果,針對(duì)我國(guó)國(guó)情提出了破解高校畢業(yè)生就業(yè)權(quán)益保護(hù)體系運(yùn)行困境的應(yīng)對(duì)之策。 論文共分四部分: 第一部分主要對(duì)高校畢業(yè)生和高校畢業(yè)生就業(yè)權(quán)益進(jìn)行概念界定。筆者把高校畢業(yè)生界定為:所有普通高校的畢業(yè)生,包括中央與地方院校以及民辦院校的畢業(yè)生,各級(jí)各類(lèi)普通高等院校畢業(yè)的研究生、本科生與專(zhuān)科(高職)生。本文所指高校畢業(yè)生就業(yè)權(quán)益是指高校畢業(yè)生在就業(yè)過(guò)程中所應(yīng)享有的所有合法權(quán)益。其研究對(duì)象是我國(guó)的高校畢業(yè)生弱勢(shì)群體,研究的范圍涉及我國(guó)高校畢業(yè)生就業(yè)權(quán)益保護(hù)的立法、執(zhí)法、司法、守法等諸多方面。 第二部分從多個(gè)角度對(duì)當(dāng)前我國(guó)高校畢業(yè)生就業(yè)權(quán)益保護(hù)體系建設(shè)所取得的進(jìn)展和存在的問(wèn)題進(jìn)行考察,得出的結(jié)論是,為了緩解就業(yè)壓力,保護(hù)畢業(yè)生在就業(yè)過(guò)程中的合法權(quán)益,國(guó)家和各級(jí)地方政府相繼出臺(tái)了一系列新的政策法規(guī),并加強(qiáng)了對(duì)人才市場(chǎng)的整治,各高校也不斷完善和加強(qiáng)對(duì)畢業(yè)生的就業(yè)指導(dǎo),尤其是法律方面的指導(dǎo),使就業(yè)法制環(huán)境有所改觀。但總體高校畢業(yè)生就業(yè)的法制環(huán)境仍不讓人放心,高校畢業(yè)生就業(yè)權(quán)益遭侵犯的現(xiàn)象經(jīng)常見(jiàn)諸于各種媒體,指出了當(dāng)前高校畢業(yè)生就業(yè)權(quán)益保護(hù)領(lǐng)域普遍存在的平等就業(yè)權(quán)實(shí)現(xiàn)困難、獲取就業(yè)信息的渠道易受干擾、高校與就業(yè)主管部門(mén)對(duì)畢業(yè)生的侵權(quán)、自主擇業(yè)權(quán)受限制、財(cái)產(chǎn)權(quán)經(jīng)常遭侵犯、簽訂就業(yè)協(xié)議時(shí)就業(yè)權(quán)益容易被侵、合同權(quán)益得不到有效保障和就業(yè)權(quán)益受侵害后難以得到救濟(jì)等諸多問(wèn)題。 第三部分從制度、法律、政府、畢業(yè)生維權(quán)意識(shí)、高校等幾重維度,運(yùn)用邏輯分析、比較分析、系統(tǒng)分析的研究方法,借鑒西方權(quán)利法學(xué)、社會(huì)學(xué)、法理學(xué)等理論進(jìn)行深入分析,探求高校畢業(yè)生就業(yè)權(quán)益體系運(yùn)行困境的深層次原因,為對(duì)策分析奠定堅(jiān)實(shí)基礎(chǔ)。 第四部分在前述分析的基礎(chǔ)上,借鑒國(guó)內(nèi)外對(duì)高校畢業(yè)生就業(yè)權(quán)益保護(hù)的成功經(jīng)驗(yàn),提出了在已有高校畢業(yè)生就業(yè)權(quán)益保護(hù)體系的基礎(chǔ)上,完善以立法、司法、執(zhí)法和守法為中心的權(quán)益保護(hù)體系,并從政府、立法機(jī)構(gòu)、高校、學(xué)生自身等多個(gè)方面提出完善我國(guó)高校畢業(yè)生就業(yè)權(quán)益保護(hù)體系的對(duì)策。主要包括:第一,從政府的角度,政府應(yīng)著力解決就業(yè)問(wèn)題,完善保險(xiǎn)保障體系和救濟(jì)體系;第二,從立法的角度,立法機(jī)構(gòu)應(yīng)加快反就業(yè)歧視立法,解決相關(guān)勞動(dòng)法律條文相互打架的現(xiàn)象;第三,從高校的角度,高校應(yīng)采取措施增加畢業(yè)生的相關(guān)法律知識(shí)儲(chǔ)備,提高畢業(yè)生的就業(yè)維權(quán)意識(shí),培養(yǎng)專(zhuān)業(yè)的就業(yè)指導(dǎo)隊(duì)伍;第四,從學(xué)生的角度,高校畢業(yè)生應(yīng)該熟悉掌握與就業(yè)權(quán)益相關(guān)的法律法規(guī),諸如《憲法》、《就業(yè)促進(jìn)法》、《民法》、《勞動(dòng)法》、《勞動(dòng)合同法》和《勞動(dòng)爭(zhēng)議調(diào)解仲裁法》。
[Abstract]:With the increase of number of enrollment expansion, the number of college graduates coming into the employment market every year has also become a geometric increase. This shows that the higher education in China has become popular, which has greatly improved the knowledge and culture level of the labor force in our country and provided sufficient high end human resources to promote the rapid development of our country's economy and society. The rapid increase in the number of college graduates has also brought great pressure to the employment of graduates, which has transformed the employment market into a buyer's market, and the phenomenon of oversupply has emerged. The gap between the employers and college graduates is increasing. With the strong position of the single person and the existing legal system, the employment market is becoming more and more obvious. The problem of the employment rights and interests of college graduates is increasing gradually. This also highlights the running difficulties of the employment rights and interests protection system of college graduates, and the effective protection of the rights and interests of college graduates is a major problem to be solved urgently in our country, and it has also aroused wide attention of the society.
As far as the legal status of college graduates is concerned, it is not special. Therefore, the analysis of the protection system of employment rights and interests of college graduates is carried out under the overall vision of protecting workers. First, the employment rights and interests of college graduates and college graduates are defined accurately. On the basis of the empirical investigation and information inquiry in the process of the industry, the author uses the modern theory of law and the method of legal sociology to analyze the difficulties of the operation of the employment rights and interests protection system of the college graduates, analyze the deep reasons, and draw on the achievements of the protection of the rights and interests of the industry at home and abroad, and put forward the national conditions of our country. The solution to the dilemma of the protection system for graduates' employment rights and interests is to be solved.
The thesis is divided into four parts:
The first part is mainly to define the concept of employment rights and interests of college graduates and college graduates. The author defines college graduates as graduates of all ordinary colleges and universities, including graduates from central and local colleges and local colleges and private colleges, graduate students of all kinds of general institutions of higher learning, undergraduate and Vocational college students. The employment rights and interests of college graduates refer to all the legitimate rights and interests of college graduates in the process of employment. The research object is the weak group of college graduates in our country. The scope of the research involves the legislation, law enforcement, judicature and law-abiding in the protection of employment rights and interests of College graduates in our country.
The second part examines the progress and existing problems in the construction of the employment rights protection system for college graduates in China from various angles. The conclusion is that, in order to alleviate the employment pressure and protect the legitimate rights and interests of graduates in the process of employment, a series of new policies and regulations have been issued by the state and the government at all levels. And strengthening the renovation of the talent market, colleges and universities are also constantly improving and strengthening the employment guidance to graduates, especially the legal guidance, so that the employment legal environment has been improved. However, the legal environment for the employment of college graduates is still not reassuring, and the phenomenon of the infringement of the employment rights of college graduates is often found in various media. This paper points out the difficulties in realizing the equal employment right in the field of employment rights and interests protection of college graduates. The channels of obtaining employment information are easily disturbed. The infringement of the graduates by the University and the Department of employment is limited, the property right is often violated, the employment rights and interests are easily invaded when signing the employment agreement, and the rights and interests of the contract are obtained. It is difficult to get relief and other problems until the effective protection and employment rights are infringed upon.
The third part from the system, the law, the government, the awareness of the rights of the graduates, the universities and other dimensions, using logical analysis, comparative analysis, system analysis research methods, using the Western rights law, sociology, jurisprudence and other theories to explore the deep reasons of the employment rights system of College graduates, and to analyze the countermeasures. Lay a solid foundation.
The fourth part, on the basis of the foregoing analysis, draws on the successful experience of protecting the employment rights and interests of college graduates both at home and abroad, and puts forward the protection system based on the protection system of the employment rights and interests of the graduates of colleges and universities, and consumes the protection system centered on the legislation, judicature, law enforcement and law abiding, and from the government, the legislature, the universities and the students themselves. On the other hand, we put forward the countermeasures to improve the employment rights protection system of college graduates in China. The first is: first, from the point of view of the government, the government should focus on solving the problem of employment and improving the insurance system and relief system. Second, from the legislative point of view, the legislature should speed up the legislation on anti employment discrimination and solve the related labor law provisions to fight each other. Third, from the perspective of colleges and universities, colleges and universities should take measures to increase the relevant legal knowledge reserves of graduates, improve graduates' awareness of employment rights, and cultivate professional employment guidance teams. Fourth, from the perspective of students, college graduates should be familiar with the relevant laws and regulations related to the rights and interests of the industry, such as < constitution > employment promotion. Law, civil law, labor law, labor contract law and labor dispute mediation and Arbitration Act.
【學(xué)位授予單位】：河北師范大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2008
【分類(lèi)號(hào)】：G647.38
本文編號(hào)：2140007
[Abstract]:With the increase of number of enrollment expansion, the number of college graduates coming into the employment market every year has also become a geometric increase. This shows that the higher education in China has become popular, which has greatly improved the knowledge and culture level of the labor force in our country and provided sufficient high end human resources to promote the rapid development of our country's economy and society. The rapid increase in the number of college graduates has also brought great pressure to the employment of graduates, which has transformed the employment market into a buyer's market, and the phenomenon of oversupply has emerged. The gap between the employers and college graduates is increasing. With the strong position of the single person and the existing legal system, the employment market is becoming more and more obvious. The problem of the employment rights and interests of college graduates is increasing gradually. This also highlights the running difficulties of the employment rights and interests protection system of college graduates, and the effective protection of the rights and interests of college graduates is a major problem to be solved urgently in our country, and it has also aroused wide attention of the society.
As far as the legal status of college graduates is concerned, it is not special. Therefore, the analysis of the protection system of employment rights and interests of college graduates is carried out under the overall vision of protecting workers. First, the employment rights and interests of college graduates and college graduates are defined accurately. On the basis of the empirical investigation and information inquiry in the process of the industry, the author uses the modern theory of law and the method of legal sociology to analyze the difficulties of the operation of the employment rights and interests protection system of the college graduates, analyze the deep reasons, and draw on the achievements of the protection of the rights and interests of the industry at home and abroad, and put forward the national conditions of our country. The solution to the dilemma of the protection system for graduates' employment rights and interests is to be solved.
The thesis is divided into four parts:
The first part is mainly to define the concept of employment rights and interests of college graduates and college graduates. The author defines college graduates as graduates of all ordinary colleges and universities, including graduates from central and local colleges and local colleges and private colleges, graduate students of all kinds of general institutions of higher learning, undergraduate and Vocational college students. The employment rights and interests of college graduates refer to all the legitimate rights and interests of college graduates in the process of employment. The research object is the weak group of college graduates in our country. The scope of the research involves the legislation, law enforcement, judicature and law-abiding in the protection of employment rights and interests of College graduates in our country.
The second part examines the progress and existing problems in the construction of the employment rights protection system for college graduates in China from various angles. The conclusion is that, in order to alleviate the employment pressure and protect the legitimate rights and interests of graduates in the process of employment, a series of new policies and regulations have been issued by the state and the government at all levels. And strengthening the renovation of the talent market, colleges and universities are also constantly improving and strengthening the employment guidance to graduates, especially the legal guidance, so that the employment legal environment has been improved. However, the legal environment for the employment of college graduates is still not reassuring, and the phenomenon of the infringement of the employment rights of college graduates is often found in various media. This paper points out the difficulties in realizing the equal employment right in the field of employment rights and interests protection of college graduates. The channels of obtaining employment information are easily disturbed. The infringement of the graduates by the University and the Department of employment is limited, the property right is often violated, the employment rights and interests are easily invaded when signing the employment agreement, and the rights and interests of the contract are obtained. It is difficult to get relief and other problems until the effective protection and employment rights are infringed upon.
The third part from the system, the law, the government, the awareness of the rights of the graduates, the universities and other dimensions, using logical analysis, comparative analysis, system analysis research methods, using the Western rights law, sociology, jurisprudence and other theories to explore the deep reasons of the employment rights system of College graduates, and to analyze the countermeasures. Lay a solid foundation.
The fourth part, on the basis of the foregoing analysis, draws on the successful experience of protecting the employment rights and interests of college graduates both at home and abroad, and puts forward the protection system based on the protection system of the employment rights and interests of the graduates of colleges and universities, and consumes the protection system centered on the legislation, judicature, law enforcement and law abiding, and from the government, the legislature, the universities and the students themselves. On the other hand, we put forward the countermeasures to improve the employment rights protection system of college graduates in China. The first is: first, from the point of view of the government, the government should focus on solving the problem of employment and improving the insurance system and relief system. Second, from the legislative point of view, the legislature should speed up the legislation on anti employment discrimination and solve the related labor law provisions to fight each other. Third, from the perspective of colleges and universities, colleges and universities should take measures to increase the relevant legal knowledge reserves of graduates, improve graduates' awareness of employment rights, and cultivate professional employment guidance teams. Fourth, from the perspective of students, college graduates should be familiar with the relevant laws and regulations related to the rights and interests of the industry, such as < constitution > employment promotion. Law, civil law, labor law, labor contract law and labor dispute mediation and Arbitration Act.
【學(xué)位授予單位】：河北師范大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2008
【分類(lèi)號(hào)】：G647.38
【引證文獻(xiàn)】
相關(guān)期刊論文 前4條
1 王恒;馮偉;;大學(xué)生就業(yè)問(wèn)題引發(fā)的法律思考[J];法制與經(jīng)濟(jì)(中旬刊);2009年07期
2 張杰;;高校畢業(yè)生就業(yè)風(fēng)險(xiǎn)因素分析及其防范[J];經(jīng)濟(jì)研究導(dǎo)刊;2010年04期
3 朱敏;;高校畢業(yè)生就業(yè)權(quán)益保障的現(xiàn)狀及對(duì)策[J];武漢工程大學(xué)學(xué)報(bào);2010年08期
4 曾平江;;藝術(shù)類(lèi)高校畢業(yè)生就業(yè)權(quán)益保護(hù)問(wèn)題探究[J];現(xiàn)代營(yíng)銷(xiāo)(學(xué)苑版);2012年08期
相關(guān)碩士學(xué)位論文 前6條
1 柴劍;高校畢業(yè)生面向基層就業(yè)的理論思考與實(shí)踐機(jī)制探索[D];哈爾濱理工大學(xué);2010年
2 楊曉蕓;我國(guó)大學(xué)畢業(yè)生就業(yè)權(quán)益保護(hù)問(wèn)題研究[D];北京交通大學(xué);2009年
3 廖海華;論大學(xué)生就業(yè)權(quán)的法律保護(hù)[D];湖南大學(xué);2009年
4 張昕輝;大學(xué)生實(shí)習(xí)權(quán)益保障的缺陷及對(duì)策研究[D];湖南大學(xué);2011年
5 雷順利;當(dāng)前我國(guó)女研究生就業(yè)“難”問(wèn)題的成因及對(duì)策研究[D];西南政法大學(xué);2012年
6 王思思;大學(xué)畢業(yè)生就業(yè)權(quán)益自我保護(hù)研究[D];沈陽(yáng)師范大學(xué);2013年
，本文編號(hào)：2140007
本文鏈接：http://sikaile.net/falvlunwen/laodongfa/2140007.html
最近更新
教材專(zhuān)著
