論職業(yè)中介的經(jīng)濟(jì)法規(guī)制
發(fā)布時(shí)間：2019-05-24 12:25
【摘要】：轉(zhuǎn)軌背景下，市場(chǎng)經(jīng)濟(jì)取代計(jì)劃成為資源配置的主要手段。與此同時(shí)，內(nèi)部勞動(dòng)力市場(chǎng)瓦解，政府不再對(duì)勞動(dòng)力進(jìn)行“統(tǒng)包統(tǒng)配”，農(nóng)村多余的勞動(dòng)力需要轉(zhuǎn)移，企業(yè)改制產(chǎn)生巨大的勞動(dòng)力溢出，政府就業(yè)安置壓力陡增。政府為應(yīng)對(duì)就業(yè)服務(wù)壓力，組建了龐大的公共就業(yè)服務(wù)機(jī)構(gòu)。在實(shí)踐中，公共就業(yè)服務(wù)機(jī)構(gòu)在一段時(shí)期內(nèi)有效實(shí)現(xiàn)了勞動(dòng)力的空崗配置。但隨著市場(chǎng)經(jīng)濟(jì)走向縱深，政府舉辦的公共就業(yè)服務(wù)機(jī)構(gòu)成本高昂、效率低下、服務(wù)質(zhì)量不好、無(wú)法提供針對(duì)性解決方案等行政官僚弊端顯現(xiàn)，無(wú)法滿(mǎn)足勞動(dòng)力市場(chǎng)進(jìn)一步發(fā)展的需求。1980年中共中央和國(guó)務(wù)院提出了“勞動(dòng)部門(mén)介紹就業(yè)、自愿組織起來(lái)就業(yè)和自謀職業(yè)”相結(jié)合的“三結(jié)合”就業(yè)方針，為職業(yè)中介等非公就業(yè)服務(wù)機(jī)構(gòu)產(chǎn)生作出制度安排。在市場(chǎng)需求與政策催生相結(jié)合下，，我國(guó)職業(yè)中介從無(wú)到有，特別是新世紀(jì)以來(lái)，職業(yè)中介從規(guī)模數(shù)量、行業(yè)服務(wù)質(zhì)量、到企業(yè)實(shí)力，都得到長(zhǎng)足發(fā)展。職業(yè)中介在就業(yè)服務(wù)中體現(xiàn)出嗅覺(jué)靈敏、效率高、服務(wù)好、解決方案有針對(duì)性等市場(chǎng)優(yōu)勢(shì)，有效彌補(bǔ)了公共就業(yè)服務(wù)機(jī)構(gòu)不足，在勞動(dòng)力配置中發(fā)揮了重要作用，成為勞動(dòng)力市場(chǎng)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(wèn)題，需要設(shè)計(jì)更好的制度規(guī)范其發(fā)展。 鑒于此，本文從經(jīng)濟(jì)法規(guī)制的角度，除緒論外分五部分進(jìn)行論述。緒論闡述了本次選題的背景和意義，詳細(xì)介紹了國(guó)內(nèi)外對(duì)職業(yè)中介的研究情況、研究特點(diǎn)。社會(huì)學(xué)、管理學(xué)、勞動(dòng)經(jīng)濟(jì)學(xué)等對(duì)職業(yè)中介的研究比較多，從經(jīng)濟(jì)法角度對(duì)職業(yè)中介開(kāi)展系統(tǒng)研究對(duì)職業(yè)中介的發(fā)展而言是很有必要的，對(duì)經(jīng)濟(jì)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(chǔ)、概念演變、特征和發(fā)展歷程。準(zhǔn)市場(chǎng)理論的出現(xiàn)，職業(yè)中介代替政府進(jìn)行就業(yè)服務(wù)的生產(chǎn)。文中同時(shí)介紹了職業(yè)中介的法律演進(jìn)過(guò)程。 第二部分探討職業(yè)中介的經(jīng)濟(jì)法規(guī)制適格性。職業(yè)中介以市場(chǎng)主體的形式，以市場(chǎng)手段運(yùn)營(yíng)，體現(xiàn)了職業(yè)中介市場(chǎng)中介主體屬性和民商法主體屬性。同時(shí)，職業(yè)中介促進(jìn)公共就業(yè)，充分體現(xiàn)了“公私融合”的經(jīng)濟(jì)法特性，是經(jīng)濟(jì)法實(shí)現(xiàn)機(jī)制的重要組成部分。 第三部分探討職業(yè)中介經(jīng)濟(jì)法規(guī)制存在的主要問(wèn)題。從政府層面而言，對(duì)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(duì)職業(yè)中介經(jīng)濟(jì)調(diào)控手段運(yùn)用不充分，經(jīng)濟(jì)利益刺激不夠；缺乏對(duì)職業(yè)中介國(guó)家層面的產(chǎn)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(nèi)控措施不健全，人員素質(zhì)參差不齊，不誠(chéng)信問(wèn)題嚴(yán)重，自身建設(shè)急需完善；職業(yè)中介市場(chǎng)不正當(dāng)競(jìng)爭(zhēng)現(xiàn)象嚴(yán)重，市場(chǎng)秩序混亂；壟斷弊端制約行業(yè)整體提升；品牌意識(shí)不強(qiáng)，低層次競(jìng)爭(zhēng)普遍。 第四部分介紹了國(guó)際勞工組織有關(guān)職業(yè)中介的規(guī)則體系，分析了對(duì)我國(guó)職業(yè)中介的借鑒意義。國(guó)際勞工組織通過(guò)組織政府、用人單位、勞動(dòng)者三方談判機(jī)制，制定國(guó)際勞工標(biāo)準(zhǔn)。有關(guān)職業(yè)中介的幾個(gè)公約和建議書(shū)對(duì)成員國(guó)管理職業(yè)中介產(chǎn)生重要影響。文中還重點(diǎn)介紹了澳大利亞全市場(chǎng)化的就業(yè)服務(wù)形式。 第五部分在職業(yè)中介存在問(wèn)題的基礎(chǔ)上，從經(jīng)濟(jì)法的角度提出了規(guī)制對(duì)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(shí)確保在鼓勵(lì)職業(yè)中介發(fā)展和保護(hù)勞動(dòng)者權(quán)益間平衡，加強(qiáng)執(zhí)法，促進(jìn)守法，鼓勵(lì)合法經(jīng)營(yíng)；建議綜合運(yùn)用財(cái)政、稅收、金融等經(jīng)濟(jì)手段，用經(jīng)濟(jì)杠桿調(diào)動(dòng)職業(yè)中介快速發(fā)展；建議加強(qiáng)調(diào)查研究，科學(xué)謀劃職業(yè)中介的產(chǎn)業(yè)布局。從微觀層面而言，通過(guò)經(jīng)濟(jì)法規(guī)范職業(yè)中介規(guī)范經(jīng)營(yíng)，加強(qiáng)自身建設(shè)，提升競(jìng)爭(zhēng)力；加強(qiáng)職業(yè)中介的行業(yè)協(xié)會(huì)建設(shè)、誠(chéng)信體系建設(shè)等自律行為；規(guī)制不正當(dāng)競(jìng)爭(zhēng)現(xiàn)象，營(yíng)造有序的市場(chǎng)競(jìng)爭(zhēng)環(huán)境；規(guī)避壟斷弊端，促進(jìn)職業(yè)中介與公共就業(yè)服務(wù)機(jī)構(gòu)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(kāi)展系統(tǒng)研究和探討是有積極意義的。同時(shí)，發(fā)達(dá)國(guó)家的職業(yè)中介研究早于國(guó)內(nèi)，有很多理論探討，更有很多成功實(shí)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(xué)位授予單位】：中南民族大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2013
【分類(lèi)號(hào)】：D922.29
本文編號(hào)：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(xué)位授予單位】：中南民族大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2013
【分類(lèi)號(hào)】：D922.29
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