論職業(yè)中介的經濟法規(guī)制
發(fā)布時間：2019-05-24 12:25
【摘要】：轉軌背景下，市場經濟取代計劃成為資源配置的主要手段。與此同時，內部勞動力市場瓦解，政府不再對勞動力進行“統(tǒng)包統(tǒng)配”，農村多余的勞動力需要轉移，企業(yè)改制產生巨大的勞動力溢出，政府就業(yè)安置壓力陡增。政府為應對就業(yè)服務壓力，組建了龐大的公共就業(yè)服務機構。在實踐中，公共就業(yè)服務機構在一段時期內有效實現(xiàn)了勞動力的空崗配置。但隨著市場經濟走向縱深，政府舉辦的公共就業(yè)服務機構成本高昂、效率低下、服務質量不好、無法提供針對性解決方案等行政官僚弊端顯現(xiàn)，無法滿足勞動力市場進一步發(fā)展的需求。1980年中共中央和國務院提出了“勞動部門介紹就業(yè)、自愿組織起來就業(yè)和自謀職業(yè)”相結合的“三結合”就業(yè)方針，為職業(yè)中介等非公就業(yè)服務機構產生作出制度安排。在市場需求與政策催生相結合下，，我國職業(yè)中介從無到有，特別是新世紀以來，職業(yè)中介從規(guī)模數(shù)量、行業(yè)服務質量、到企業(yè)實力，都得到長足發(fā)展。職業(yè)中介在就業(yè)服務中體現(xiàn)出嗅覺靈敏、效率高、服務好、解決方案有針對性等市場優(yōu)勢，有效彌補了公共就業(yè)服務機構不足，在勞動力配置中發(fā)揮了重要作用，成為勞動力市場中介的重要組成部分。職業(yè)中介尚處于初生階段，依然存在很多問題，需要設計更好的制度規(guī)范其發(fā)展。 鑒于此，本文從經濟法規(guī)制的角度，除緒論外分五部分進行論述。緒論闡述了本次選題的背景和意義，詳細介紹了國內外對職業(yè)中介的研究情況、研究特點。社會學、管理學、勞動經濟學等對職業(yè)中介的研究比較多，從經濟法角度對職業(yè)中介開展系統(tǒng)研究對職業(yè)中介的發(fā)展而言是很有必要的，對經濟法而言也是研究路徑的有效拓寬。 第一部分為職業(yè)中介概述，主要介紹了職業(yè)中介的理論基礎、概念演變、特征和發(fā)展歷程。準市場理論的出現(xiàn)，職業(yè)中介代替政府進行就業(yè)服務的生產。文中同時介紹了職業(yè)中介的法律演進過程。 第二部分探討職業(yè)中介的經濟法規(guī)制適格性。職業(yè)中介以市場主體的形式，以市場手段運營，體現(xiàn)了職業(yè)中介市場中介主體屬性和民商法主體屬性。同時，職業(yè)中介促進公共就業(yè)，充分體現(xiàn)了“公私融合”的經濟法特性，是經濟法實現(xiàn)機制的重要組成部分。 第三部分探討職業(yè)中介經濟法規(guī)制存在的主要問題。從政府層面而言，對職業(yè)中介的法律政策支持不夠，職業(yè)中介發(fā)展的法治環(huán)境有待優(yōu)化；對職業(yè)中介經濟調控手段運用不充分，經濟利益刺激不夠；缺乏對職業(yè)中介國家層面的產業(yè)規(guī)劃。從職業(yè)中介行業(yè)而言，職業(yè)中介規(guī)模小，功能單一，內控措施不健全，人員素質參差不齊，不誠信問題嚴重，自身建設急需完善；職業(yè)中介市場不正當競爭現(xiàn)象嚴重，市場秩序混亂；壟斷弊端制約行業(yè)整體提升；品牌意識不強，低層次競爭普遍。 第四部分介紹了國際勞工組織有關職業(yè)中介的規(guī)則體系，分析了對我國職業(yè)中介的借鑒意義。國際勞工組織通過組織政府、用人單位、勞動者三方談判機制，制定國際勞工標準。有關職業(yè)中介的幾個公約和建議書對成員國管理職業(yè)中介產生重要影響。文中還重點介紹了澳大利亞全市場化的就業(yè)服務形式。 第五部分在職業(yè)中介存在問題的基礎上，從經濟法的角度提出了規(guī)制對策。從宏觀層面，建議完善法律政策，肯定職業(yè)中介的地位和作用，立法時確保在鼓勵職業(yè)中介發(fā)展和保護勞動者權益間平衡，加強執(zhí)法，促進守法，鼓勵合法經營；建議綜合運用財政、稅收、金融等經濟手段，用經濟杠桿調動職業(yè)中介快速發(fā)展；建議加強調查研究，科學謀劃職業(yè)中介的產業(yè)布局。從微觀層面而言，通過經濟法規(guī)范職業(yè)中介規(guī)范經營，加強自身建設，提升競爭力；加強職業(yè)中介的行業(yè)協(xié)會建設、誠信體系建設等自律行為；規(guī)制不正當競爭現(xiàn)象，營造有序的市場競爭環(huán)境；規(guī)避壟斷弊端，促進職業(yè)中介與公共就業(yè)服務機構的合作。 職業(yè)中介處于初生階段，還有很多需要完善的地方，多維度開展系統(tǒng)研究和探討是有積極意義的。同時，發(fā)達國家的職業(yè)中介研究早于國內，有很多理論探討，更有很多成功實踐案例，值得借鑒。
[Abstract]:In the background of the transition, the replacement of market economy is the main means of resource allocation. At the same time, the internal labor market is broken, the government no longer "turnkey distribution" the labor force, the surplus labor force in the countryside needs to be transferred, the enterprise reform produces huge labor force, the government employment place pressure is steep. In response to that pressure of the employment service, the government has set up a large public employment service. In practice, the public employment service organization has effectively realized the air-duty configuration of the labor force in a period of time. However, with the development of the market economy, the public employment service institution, which is held by the government, has the advantages of high cost, low efficiency, poor service quality and inability to provide targeted solutions. In 1980, the Central Committee of the Communist Party of China and the State Council put forward the "three-bond" employment policy, which was combined with the "The Labor Department introduced employment and organized employment and self-employment in a voluntary manner.", and made institutional arrangements for non-public employment services such as the professional intermediary. With the combination of market demand and policy, our country's professional intermediary has made great progress since the beginning of the new century, especially in the new century, from the scale of the professional intermediary, the service quality of the industry and the strength of the enterprise. In the employment service, the professional intermediary embodies the market advantages such as sense of smell, high efficiency, good service, and targeted solutions. It can make up for the shortage of the public employment service, and play an important role in the labor force allocation and become an important part of the labor market intermediary. As the professional intermediary is still in the primary stage, there are still many problems, and it is necessary to design a better system to standardize its development. In view of this, this paper, from the angle of economic law and regulations, in addition to the introduction of the five parts of the introduction The introduction expounds the background and significance of this topic, and introduces the research situation of the professional intermediary at home and abroad. It is necessary to carry out systematic research on the professional intermediary from the angle of economic law to the development of the professional intermediary, and it is also the effective of the research path for the economic law. The first part is an overview of the professional intermediary, which mainly introduces the theoretical basis, the evolution, the character and the development of the professional intermediary. The course of the exhibition. The emergence of the quasi-market theory and the replacement of the employment service by the professional intermediary The article also introduces the legal act of the professional intermediary. The second part discusses the economic law of the professional intermediary. The professional intermediary is in the form of the market main body and operates in the market means, which embodies the intermediary subject property and the civil service of the professional intermediary market. At the same time, the professional intermediary promotes the public employment, fully reflects the economic law characteristic of the "public-private integration", and is the weight of the realization mechanism of the economic law. To make an integral part. The third part discusses the legal system of professional intermediary economy The main problems exist. From the government level, the legal policy support of the professional intermediary is not enough, the rule of law environment of the professional intermediary development is to be optimized, the application of the economic regulation means of the professional intermediary is not sufficient, the economic benefit is not enough, and the lack of the professional intermediary state In terms of the professional intermediary industry, the professional intermediary is small, the function is single, the internal control measures are not sound, the quality of the personnel is uneven, the problem of the non-credit is serious, the self-construction is in urgent need of improvement, and the unfair competition in the professional intermediary market is serious and the market order is disordered; the monopoly defect restricts the whole promotion of the industry; the brand awareness is not strong, The fourth part introduces the rules system of the relevant professional intermediary of the International Labour Organization, and analyzes the analysis of the rules and regulations of the relevant professional intermediary of the International Labour Organization The reference meaning of the professional intermediary. The International Labour Organization (ILO), through the organization of the tripartite negotiation mechanism of the government, the employing unit and the worker Development of international labour standards. Several conventions and proposals on professional intermediaries are responsible for the management of member States The industry intermediary has an important impact. The paper also focuses on the whole city of Australia The form of the employment service. The fifth part, on the basis of the existence of the professional intermediary, is from the economy From the macro level, it is suggested to perfect the legal policy and to affirm the position and function of the professional intermediary, and to ensure the balance between the development of the professional intermediary and the protection of the rights and interests of the workers, to strengthen the law enforcement, to promote the law-abiding and to encourage the lawful operation; It is suggested to use the economic means such as finance, tax and finance to mobilize the rapid development of the professional intermediary by using the economic lever; it is suggested to strengthen the investigation and research and the science To plan the industrial layout of the professional intermediary, from the micro level, through the regulation of the economic law to regulate the management of the professional intermediary, strengthen the self-construction, improve the competitiveness, strengthen the self-discipline such as the construction of the trade association of the professional intermediary and the construction of the credit system, and regulate the phenomenon of unfair competition, To create an orderly market competition environment; to avoid the disadvantages of the monopoly and to promote the professional intermediary and The co-operation of the public employment service. The professional intermediary is in the primary stage, and there are many local and multi-dimensional systems that need to be perfected. The research and discussion in the developed countries are positive. At the same time, the research of the professional intermediary in the developed countries is earlier than that of the country.
【學位授予單位】：中南民族大學
【學位級別】：碩士
【學位授予年份】：2013
【分類號】：D922.29
本文編號：2484857
[Abstract]:In the background of the transition, the replacement of market economy is the main means of resource allocation. At the same time, the internal labor market is broken, the government no longer "turnkey distribution" the labor force, the surplus labor force in the countryside needs to be transferred, the enterprise reform produces huge labor force, the government employment place pressure is steep. In response to that pressure of the employment service, the government has set up a large public employment service. In practice, the public employment service organization has effectively realized the air-duty configuration of the labor force in a period of time. However, with the development of the market economy, the public employment service institution, which is held by the government, has the advantages of high cost, low efficiency, poor service quality and inability to provide targeted solutions. In 1980, the Central Committee of the Communist Party of China and the State Council put forward the "three-bond" employment policy, which was combined with the "The Labor Department introduced employment and organized employment and self-employment in a voluntary manner.", and made institutional arrangements for non-public employment services such as the professional intermediary. With the combination of market demand and policy, our country's professional intermediary has made great progress since the beginning of the new century, especially in the new century, from the scale of the professional intermediary, the service quality of the industry and the strength of the enterprise. In the employment service, the professional intermediary embodies the market advantages such as sense of smell, high efficiency, good service, and targeted solutions. It can make up for the shortage of the public employment service, and play an important role in the labor force allocation and become an important part of the labor market intermediary. As the professional intermediary is still in the primary stage, there are still many problems, and it is necessary to design a better system to standardize its development. In view of this, this paper, from the angle of economic law and regulations, in addition to the introduction of the five parts of the introduction The introduction expounds the background and significance of this topic, and introduces the research situation of the professional intermediary at home and abroad. It is necessary to carry out systematic research on the professional intermediary from the angle of economic law to the development of the professional intermediary, and it is also the effective of the research path for the economic law. The first part is an overview of the professional intermediary, which mainly introduces the theoretical basis, the evolution, the character and the development of the professional intermediary. The course of the exhibition. The emergence of the quasi-market theory and the replacement of the employment service by the professional intermediary The article also introduces the legal act of the professional intermediary. The second part discusses the economic law of the professional intermediary. The professional intermediary is in the form of the market main body and operates in the market means, which embodies the intermediary subject property and the civil service of the professional intermediary market. At the same time, the professional intermediary promotes the public employment, fully reflects the economic law characteristic of the "public-private integration", and is the weight of the realization mechanism of the economic law. To make an integral part. The third part discusses the legal system of professional intermediary economy The main problems exist. From the government level, the legal policy support of the professional intermediary is not enough, the rule of law environment of the professional intermediary development is to be optimized, the application of the economic regulation means of the professional intermediary is not sufficient, the economic benefit is not enough, and the lack of the professional intermediary state In terms of the professional intermediary industry, the professional intermediary is small, the function is single, the internal control measures are not sound, the quality of the personnel is uneven, the problem of the non-credit is serious, the self-construction is in urgent need of improvement, and the unfair competition in the professional intermediary market is serious and the market order is disordered; the monopoly defect restricts the whole promotion of the industry; the brand awareness is not strong, The fourth part introduces the rules system of the relevant professional intermediary of the International Labour Organization, and analyzes the analysis of the rules and regulations of the relevant professional intermediary of the International Labour Organization The reference meaning of the professional intermediary. The International Labour Organization (ILO), through the organization of the tripartite negotiation mechanism of the government, the employing unit and the worker Development of international labour standards. Several conventions and proposals on professional intermediaries are responsible for the management of member States The industry intermediary has an important impact. The paper also focuses on the whole city of Australia The form of the employment service. The fifth part, on the basis of the existence of the professional intermediary, is from the economy From the macro level, it is suggested to perfect the legal policy and to affirm the position and function of the professional intermediary, and to ensure the balance between the development of the professional intermediary and the protection of the rights and interests of the workers, to strengthen the law enforcement, to promote the law-abiding and to encourage the lawful operation; It is suggested to use the economic means such as finance, tax and finance to mobilize the rapid development of the professional intermediary by using the economic lever; it is suggested to strengthen the investigation and research and the science To plan the industrial layout of the professional intermediary, from the micro level, through the regulation of the economic law to regulate the management of the professional intermediary, strengthen the self-construction, improve the competitiveness, strengthen the self-discipline such as the construction of the trade association of the professional intermediary and the construction of the credit system, and regulate the phenomenon of unfair competition, To create an orderly market competition environment; to avoid the disadvantages of the monopoly and to promote the professional intermediary and The co-operation of the public employment service. The professional intermediary is in the primary stage, and there are many local and multi-dimensional systems that need to be perfected. The research and discussion in the developed countries are positive. At the same time, the research of the professional intermediary in the developed countries is earlier than that of the country.
【學位授予單位】：中南民族大學
【學位級別】：碩士
【學位授予年份】：2013
【分類號】：D922.29
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