论职业中介的经济法规制
发布时间：2019-05-24 12:25
【摘要】：转轨背景下，市场经济取代计划成为资源配置的主要手段。与此同时，内部劳动力市场瓦解，政府不再对劳动力进行“统包统配”，农村多余的劳动力需要转移，企业改制产生巨大的劳动力溢出，政府就业安置压力陡增。政府为应对就业服务压力，组建了庞大的公共就业服务机构。在实践中，公共就业服务机构在一段时期内有效实现了劳动力的空岗配置。但随着市场经济走向纵深，政府举办的公共就业服务机构成本高昂、效率低下、服务质量不好、无法提供针对性解决方案等行政官僚弊端显现，无法满足劳动力市场进一步发展的需求。1980年中共中央和国务院提出了“劳动部门介绍就业、自愿组织起来就业和自谋职业”相结合的“三结合”就业方针，为职业中介等非公就业服务机构产生作出制度安排。在市场需求与政策催生相结合下，，我国职业中介从无到有，特别是新世纪以来，职业中介从规模数量、行业服务质量、到企业实力，都得到长足发展。职业中介在就业服务中体现出嗅觉灵敏、效率高、服务好、解决方案有针对性等市场优势，有效弥补了公共就业服务机构不足，在劳动力配置中发挥了重要作用，成为劳动力市场中介的重要组成部分。职业中介尚处于初生阶段，依然存在很多问题，需要设计更好的制度规范其发展。 鉴于此，本文从经济法规制的角度，除绪论外分五部分进行论述。绪论阐述了本次选题的背景和意义，详细介绍了国内外对职业中介的研究情况、研究特点。社会学、管理学、劳动经济学等对职业中介的研究比较多，从经济法角度对职业中介开展系统研究对职业中介的发展而言是很有必要的，对经济法而言也是研究路径的有效拓宽。 第一部分为职业中介概述，主要介绍了职业中介的理论基础、概念演变、特征和发展历程。准市场理论的出现，职业中介代替政府进行就业服务的生产。文中同时介绍了职业中介的法律演进过程。 第二部分探讨职业中介的经济法规制适格性。职业中介以市场主体的形式，以市场手段运营，体现了职业中介市场中介主体属性和民商法主体属性。同时，职业中介促进公共就业，充分体现了“公私融合”的经济法特性，是经济法实现机制的重要组成部分。 第三部分探讨职业中介经济法规制存在的主要问题。从政府层面而言，对职业中介的法律政策支持不够，职业中介发展的法治环境有待优化；对职业中介经济调控手段运用不充分，经济利益刺激不够；缺乏对职业中介国家层面的产业规划。从职业中介行业而言，职业中介规模小，功能单一，内控措施不健全，人员素质参差不齐，不诚信问题严重，自身建设急需完善；职业中介市场不正当竞争现象严重，市场秩序混乱；垄断弊端制约行业整体提升；品牌意识不强，低层次竞争普遍。 第四部分介绍了国际劳工组织有关职业中介的规则体系，分析了对我国职业中介的借鉴意义。国际劳工组织通过组织政府、用人单位、劳动者三方谈判机制，制定国际劳工标准。有关职业中介的几个公约和建议书对成员国管理职业中介产生重要影响。文中还重点介绍了澳大利亚全市场化的就业服务形式。 第五部分在职业中介存在问题的基础上，从经济法的角度提出了规制对策。从宏观层面，建议完善法律政策，肯定职业中介的地位和作用，立法时确保在鼓励职业中介发展和保护劳动者权益间平衡，加强执法，促进守法，鼓励合法经营；建议综合运用财政、税收、金融等经济手段，用经济杠杆调动职业中介快速发展；建议加强调查研究，科学谋划职业中介的产业布局。从微观层面而言，通过经济法规范职业中介规范经营，加强自身建设，提升竞争力；加强职业中介的行业协会建设、诚信体系建设等自律行为；规制不正当竞争现象，营造有序的市场竞争环境；规避垄断弊端，促进职业中介与公共就业服务机构的合作。 职业中介处于初生阶段，还有很多需要完善的地方，多维度开展系统研究和探讨是有积极意义的。同时，发达国家的职业中介研究早于国内，有很多理论探讨，更有很多成功实践案例，值得借鉴。
[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.
【学位授予单位】：中南民族大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.29
本文编号：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.
【学位授予单位】：中南民族大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.29
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