平台用工关系中的"经济从属性":形成机理、外在表征与司法因应OACHSSCD

The digital economy has innovated the form of labor employment,and the explanatory function of the standard of the"economic dependence"has weakened,which is no longer sufficient to support the judicial authorities in qualitative analysis of platform labor relations,leading to a dilemma in judicial confirmation of labor relations between platforms and workers.The recently issued"typical cases"in the"case analysis"or"comprehensive identification"standards are also difficult to determine.The formation mechanism of the subordinate attributes of platform relationship economy lies in the possession and control of production materials,namely data information and algorithm technology,by the platform.This determines that the platform has the right to control and decompose the process of laboring,causing platform workers to engage in one-sided labor under control and domination.The economic dependence of platform employment relations should characterize the characteristics of digital society platform labor,starting from the theory of"dependence on means of production"and guided by Marx's basic theory of labor value,unlocking more consistent and effective judicial response plans.