论劳动法律关系的二元结构——兼析劳动法的基本概念

On the Duality of Labor Juristic Relationship——Concurrently Analyze the Basic Concept of Labor Law

我国《劳动合同法》业已颁布,但该法对劳动法中的基本概念(如劳动关系)的含义界定采取了回避的态度。这使得劳动法学中的基本概念仍处在关系不清的状态。尝试厘清劳动法学基本概念的相互关系的基础上,对劳动法律关系的权利义务来源、表现进行了归纳与类型化分析。

Labor Contract law has been publicized,but it took the attitude of avoiding to define the basic concepts in Labor Law.So the relationship of the basic concepts is still unclear.It is the major subject to clear the relationship of the basic concepts in labor law,and on the ground of the analyses before,the article also summarized the source and performance of the rights and duties in Labor Law.