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进入21世纪以来,企业组织形态发生了深刻变化,劳动关系呈现多样的构成与发展,由于市场要素对劳动关系的渗入和作用,使劳动法学仅在封闭的企业内加以运用已经变得不切实际。明晰企业组织与劳动市场的有机联系,制定最适合两者协调发展的各种法律制度是劳动法学的重要课题。在劳动关系的调整中要重新认识“劳动不是商品”的原则,强化对劳动市场机制作用的认识,重视企业组织的构成基础以及克服从封闭到开放的阻碍,逐渐消除内外部劳动市场间的壁垒,在劳动关系多样化的现实中构建富有弹性的劳动市场机制。没有这样的基础,无论通过调整个别劳动关系还是集体劳动关系来解决复杂的劳资矛盾,都是头痛医头脚痛医脚的庸方。
Since the 21st century, the organizational structure of enterprises has undergone profound changes. Labor relations have diversified composition and development. Because of the infiltration and function of market factors into labor relations, it has become impractical for labor law to be applied only in closed enterprises . To clarify the organic connection between business organizations and the labor market and to formulate the various legal systems most suitable for the coordinated development of the two are an important issue in labor law. In the adjustment of labor relations, we should re-understand the principle that “labor is not commodity”, strengthen understanding of the role of the labor market mechanism, attach importance to the foundations of enterprise organizations and overcome obstacles from closure to opening up and gradually eliminate the internal and external labor market Barriers to building a flexible labor market mechanism in the reality of the diversification of labor relations. Without such a foundation, resolving complex labor-management conflicts, whether by adjusting individual labor relations or by collective labor relations, is a mediocre solution to the problem.