On Theory Of Liability Of Laborer's Damage Compensation

Liability for damage is the result of breaking the legal obligation and obligationagreed. It is one of the legal mechanisms for penalty. The damage liability to thelabor employing units for the tort or default of laborers is an important issue of laborlaw liability. However, the legal hypothesis of laborer in an inferior position makesthe academic study of this topic insufficient. The name of representative of units orlaborers also gives this research an obscure position in ethics. Since the currentdefinition of"laborers"in China's labor law is very broad, both the general managerand the clerk can be applied by this law. When the labor law diminish or avoid thedamage liability of the laborers, other laws emphasize this issue. The principle of"special laws prevail"cannot solve this issue. Based on the analysis of the reasons,the regulations and laws of other country, the comprehensive measures shall be used.Deny of the legal hypothesis of laborers in an inferior position and application ofdamage of laborers are two points of these measures.This paper is concluded of five chapters. Its abstract is as follows:Chapterâ… concludes the main introduction for damage liability of laborers.The analysis in this paper is based on the definition of laborer, but this definition isnot regulated by the law and the regulations of departments in state council add persons in the priority into this definition. Fundamentally the legal basis of damageliability is the obligation of laborers. These obligations can be divided into legal duty,contractual obligation and collateral duty. Detailed research can be carried out onlegal duty and contractual obligation. The value analysis on damage liability isunderway in this chapter. It means this liability can be connected with criminalliability and mend fences on laborers'performance, returning, penalty on reputationand property.Chapterâ…¡will introduce the current situation of laborers'damage liability.Social law and business law have two different developing directions on this issue. Asa branch of social law, labor law underrates the damage problem on laborers'irregularity and default. At the mean time, civil law and business law emphasize thesolution of this issue. When both laws are prevailed, the units have a priority ofchoosing a relief program. Therefore the statute applied is unsure.Chapterâ…¢will analyze the reasons for issue of laborers'damage liability.There are three main reasons for this issue. First, the abstract man hypothesis isapplied in China's labor law. Laborers are seen as a vulnerable group and thedefinition is obscure. Second, the different regulations on damage liability in laborlaw and other law are based on two different theories, which are tilt protection andequal protection. Third, the insufficient research on laborers'damage liability andthe draft of labor law by the authority which is responsible for laborers'protectionmake inadequate regulations on this issue.Chapterâ…£will introduce other countries'legislation on this issue. Based onproblems in laborers'damage liability, this chapter will include both the detailedanalysis and the definition of laborer. The result reflects that the laborers'position onlaw is reduced in America, India, Germany, Hong Kong, Macao, and Taiwan. Theseregulations on laborers'damage in Germany, Russia and France are morecomprehensive and detailed in general provisions, duty principles and damagecriteria.Chapterâ…¤will provide the measures for the current statue on laborers'damage. Based on the serious analysis of this issue, I will give detailed advice on it. When it comes to the subject issue of damage, I believe the employers shall beexcluded from the scope of laborers based on the standard of subordinate and theprinciple appointment relationship. The general principle on tort and default oflaborers shall be regulated. The intention or gross negligence standard shall be setand partial damage principle shall be regulated. The labor issue shall also includelaborers'damage liability.