New Textual Research On Principle Of Liability

Following the gradually deepening of the strategic readjustment of economic structure in China,various socio-economic relations have been profoundly changed.As one of the basic relations of social operation,labor relation has also been affected across-the-board.One of the performances is the diversity in development of labor and employment forms.Dispatch services,as a new form of employment,started in China late.Compared with the western developed countries,the size and the number are still relatively limited.However,the development is very rapid,which plays an irreplaceable significant part in many fields,such as boosting the transform of the employment mechanism,promoting the employment structure changes of city and countryside,adjusting market for labor supply and demand circumstances,etc.It can be said that over a period of time in the future,dispatch services will be served as an important employment forms,and will continue to play its special role.But,the dispatch services also expose some problems in the development.Main performance is that the qualities of labor dispatch units are different,the operating is non-standard,the right and duty of the main parts in labor service dispatches legal relations are not clear,and the laborers' rights and interests are extremely easy to be damaged,etc.The faultiness of the laws and regulations of the service dispatch causes the lack of norm and guarantee in the development of this industry.In order to improve the situation that the rapidly developed labor dispatch which lacks of law guarantee,"the PRC labor contract law" which carries all-round and strict regulation on the labor dispatch was put into effect on January 1,2008.The law covers all aspects of the labor service dispatch,the typical parts like the limitation of the labor contracts between the labor dispatching firms and the workers,and the regulations to the unconditional joint liability, etc.The basic idea of legislation is to carry out strict regulation to the dispatch services and to control their development.But since the "Labor Contract Law" was promulgated and implemented,labor service dispatch industry of our country has been developed further.It established the legal basis for the unit of labor service dispatch,which improved the sign rate of labor contracts and protected the workers' rights and interests effectively.The service dispatch agreement between service dispatched units and employing units has been taken seriously,and the content has also been improved.There is a conflict between the guide idea and the actual social needs of service dispatch in "Labor Contract Law",which can be due to the deviation of the legislative values.Based on the practical significance of promoting the employment,the form of the dispatch of employment services should be affirmed and encouraged.And the strict regulation of "the labor contract law" to the labor service dispatch will produce an unacceptable effect to its development in future.This thesis will analysis the necessity and social significance of the existence of the labor dispatch,and hackle some aspects of the relations of the labor dispatch subjects and the relative laws,like the establishment conditions of the service dispatch units, the free negotiation for the conform of the labor contract time limit,the application of the joint liability limitation of the employment units,etc,hoping to improve the stable development of the labor dispatch.