Construction Of Legal Norm’s System For Service Contrct

Taking the reconstruction of the legal system of the service contract in our country as the original intention and ultimate goal,this thesis proposes,on the basis of the references and the existing exploration results both at home and abroad,to explore the practices of the legal issues of the service contract and to establish the taxonomical concept of the service contract within the existing framework and category of the civil laws.This paper argues that it is significant to construct such a legal system for the service contract.On the one hand,under the concept of taxonomical contract,the basic and specific types of the rights and obligations of the contracting parties should be divided.On the other hand,the legal issues of the service contract should be further generally regulated and interpreted in accordance with the implementing characteristics of contract,so as to form a contextual legal system of the service contract with the characteristics of the times.Based upon this,the author sets this thesis as follows.The thesis is composed of three parts: introduction,main body and conclusion.The introduction part holistically analyzes the current law of the service contract and discusses its necessity.The main body part interprets the law in four chapters,with an aim to reconstruct a new law of the service contract and to make it more regular and complete.The conclusion part combs and summarizes the content of the thesis.The first chapter of the main body part conducts an integration on the basis of the existing laws and by comparing the legislative patterns and experience both at home and abroad explores and analyzes deeply the intrinsic characteristics and scope of the contract law in question.This chapter is divided into the following three sections.Section One is the discussion,with the Netherlands,EU and Japan and other countries as examples,of the international legislative patterns and experience of the service contract,and analysis of the legislative exploration,research situation and judicial practices of the service contract in China;Section Two from the angle of the contract subject compares the differences between the service contract and the traditional contracts,summarizes the definition and characteristics of the service contract,mainly analyzes the particularity of the responsible parties’ rights and obligations caused by the its owncharacteristics of the service contract and the uniqueness of the judgment standards of the content and the quality of the service contract,and further analyzes of the feasible pattern of the legislation of the service contract within the current framework of the civil laws in China;Section Three comprehensively analyzes the domestic and international existing standards including the pros and cons of all patterns,introduces the experience that can be used for references,and summarizes the definition category and the contents of the service contract.The second chapter analyzes,from the angle of contract implementation,the defects of the rights,obligations and service quality that may emerge in the service contract,makes an feasible attempt to design the systems of the service contract with the combination of the related domestic civil regulations,and at the same time summarizes and interprets the defect identification and the general regulation.The third chapter compares,from the existing system framework of“Contract Law” in China,the ideas of the related legislation of the service contract in German and Japanese civil legislation,and proposes to,by the technique of typed classification of the service contract,set general rules for the service contract taken as the taxonomical contract in the legal regulation of contract in China,meanwhile to set the lower basic and the specificcontract types so as to obtain the expansion of the tree vein.How to protect the interests of all parties in the contract within China’s existing legal framework is also analyzed and summarized in this chapter.The fourth chapter conducts a comprehensive study of the specific division of the rights and the obligation implementation of the service contract,certifies the legal issues implemented by the service contract,and discusses from the jurisprudential angle whether it’s necessary to form a general regulation in the system design of the process and links of the service contract.Section One conducts,from the angle of service implementation process,a comprehensive analysis of the rights and obligations of the contracting parties and the related legal issues,and interprets deeply such aspects as obligation to disclose,obligation of warning,obligation of cooperation,and obligation of confidentiality;Section Two analyzes,from the theoretical analysis of the contract law,the specific applications and differences in fulfilling the right of defense in the service contract;Section Three compares the restrictions of legal rules necessary to the implementation of the service contract and the material contract,and analyzes the specific principles of the service contract.The conclusion part combs comprehensively the content and context of this thesis,from the comparison of domestic and international legislation andscience of the service contract to the analysis and viewpoint of the concept,category and related legal issues of the service contract,and then summarizes the legislation perfection space and framework construction under the current legal background in China.