从公法性角度对劳动法律关系重新定义

Redefining Legal Relationship of Labor from the Angle of Public Law

我国劳动法律关系概念存在公法性考量的不足。以劳动法是公私混合法为出发点,从公私二分法新角度对劳动法律关系概念进行重新界定,这样概括出的劳动法律关系的新概念,可以帮助解决一些劳动法中的理论研究和司法实践的难题。

The concept of the legal relationship of labor in our country has some deficiencies for lack of consideration from the angle of public law. This paper makes a study from the starting point that, labor law, as a mixture of private law and public law, its legal relationship should be redefined from both private and public angles. The new concept of legal relationship of labor summarized in this way may help settle some difficulties in our theoretical research and judicial practice of labor law.