关于雇主问题的法律辨析

A Legal Discrimination on Employers

从雇主角度对重新构建劳动关系结构要客观理解并评价现有劳动关系的合理性和不合理性这一问题加以诠释,认为单纯地依所有制的不同赋予雇佣人不同的法律人格,以经济占有数量来区别雇主雇员的本质差别这一劳动法观念已不再适应社会的飞跃发展。只有恢复雇主雇员的原始法律语义,实事求是地对待雇主问题,才能建立完整合理的劳动法体系。

From the perspective of employers, the idea that re-establishing the structure of labor relations shouldtake the rationality of the existing labor relations into account is annotated. A conclusion is drawn that differentlegal personality of employers is given merely according to different ownership, and distinguishing the essentialdistinction between employers and employees on the basis of economic possession do not fit in with the rapiddevelopment of the society any more. A reasonable and complete labor law can be established only after resum-ing the original legal semantics of employer and employees and treating the employers practically and realistically.