中国劳动关系学院学报2025，Vol.39Issue(4)：78-93,16.
网约配送员身份认定的实证研究
An Empirical Study on the Identification of Online Delivery Rider:Based on the Analysis of 360 Conerning Judicial Cases
摘要
Abstract
With the development of the platform economy,new forms of employment,characterized by"platform reliance,technological drive,and flexible forms",challenge the standard labor relations in traditional labor law,which take"subordination"as the core element.Their occupational forms have also extended from traditional service positions to diverse types such as knowledge-based,creative positions,and self-employment.Against this backdrop,the legal boundary between labor relations and civil service relations has gradually blurred,with disputes over the identification of labor relations of online delivery riders being particularly prominent,becoming a research focus in both theoretical and practical circles.The labor employment model in the platform economy is characterized by diversification and fragmentation.Due to the regulatory gaps in the current labor law system,there is no legal basis for confirming labor relations.In addition,the facts and evidence of different cases are complex,leading to diverse identification standards and judicial tendencies in China's judicial decisions.Some courts have even broken through the"labor subordination"criteria,incorporating factors such as the economic dependence of practitioners and the social responsibility of platform enterprises into considerations.To effectively solve the judicial dilemma of"different judgments for similar cases",it is urgent to construct precise judicial standards and index systems that fit the characteristics of new business forms.Guided by the principles of"unifying legal application,achieving judicial justice,and implementing similar case similar judgments",this paper selects 360 judicial cases as empirical analysis samples,and discusses them from two dimensions:similar case identification and similar case similar judgment,in order to put forward reasonable suggestions for the improvement of laws,regulations,and judicial interpretations,and construct a scientific and sustainable identification norm system and rights protection mechanism for online delivery personnel.关键词
平台经济/身份认定标准/类案类判/实证研究Key words
platform economy/identification standards/similar case similar judgment/empirical study分类
社会科学引用本文复制引用
涂永前,秦嘉茵,何礼苗..网约配送员身份认定的实证研究[J].中国劳动关系学院学报,2025,39(4):78-93,16.基金项目
本文系人力资源社会保障部重大课题"新形势下劳动关系理论探索研究"(项目编号:RSZD2025-11-2)的阶段性研究成果. （项目编号:RSZD2025-11-2）
