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在当前学界将研究的兴趣点转向集体劳动关系的背景下,不应当忽视劳动关系稳定是集体劳动关系协调机制得以发挥作用的基础和前提。我国正处在工业化、城镇化不仅加速而且与市场化、全球化重叠的发展阶段,规模巨大的农民工群体不仅流动性强而且处于“双重体制外”状态,致使劳动关系不稳定问题不仅普遍而且成为导致劳动关系协调机制失灵的主要因素。在此背景下,劳动合同制度的功能结构由以推进和保障劳动者自由流动为主转向以稳定劳动关系为主。然而,从“中国问题”的视角考察,我国劳动合同制度稳定劳动关系的功能仍然弱于西方国家;为加强此功能,既要重视解雇保护制度的完善,更要重视调整劳动合同期限结构和扭转灵活就业主流化趋向。由于劳动关系稳定的制约因素来自多方面,应当构建全方位的稳定劳动关系的法律框架,由劳动合同法扩展到整个劳动法体系,甚至扩展到经济法和社会保障法等法律部门。
In the current academic circles will focus on the study of collective labor relations in the context of the relationship should not be ignored the stability of labor relations is the collective labor relations coordination mechanism to play a role in the foundation and premise. Our country is at a stage of development in which industrialization and urbanization not only accelerate but also overlap with the globalization of markets and marketization. The large-scale migrant workers group is not only highly mobile but also in a state of “double system”, resulting in instability in labor relations. Universal and become the main factor leading to failure of the coordination mechanism of labor relations. Against this background, the functional structure of the labor contract system is dominated by the promotion and protection of the free flow of laborers and the stabilization of labor relations. However, from the perspective of “China Problem ”, China’s labor contract system still lags behind western countries in its function of stabilizing labor relations. To strengthen this function, it is necessary to attach importance to the improvement of the dismissal protection system and to adjust the term structure of the labor contract And reverse the trend of flexible employment mainstreaming. Due to many factors that restrict the stability of labor relations, a comprehensive legal framework for stabilizing labor relations should be constructed. The labor contract law should be extended to the entire labor law system and even to the legal departments such as economic law and social security law.