On The Legal Regulation Of The Contractual Liability For Labor Contract

The legal basis of bearing the liability of culpa in contrahendo in the Traditional Civil Law is the first breach of contractual obligations. Labor contracts grew out of the contract of employment in the civil law, a born properties of "private contract" justify the legitimacy of the basis of labor first contractual obligations, and parties to the labor contract are real inequality which also highlights the importance of restrictive function to the first contractual obligations. The labor contracting fault liability bases on the details of breach of the first contractual obligations, and thus clears in the legislation the first labor contractual obligations, perfects in violation of the obligations arising from the Contracting negligence liability system is the development trend of the practice and theory of international labor legislation."Labor Contract Law of the People’s Republic of China" came into effect on January1st,2008, which made some provisions for the labor contract process obligations, cleared the first labor contractual obligations, restricted and regulated some behaviors of the parties before the establishment of the labor contract. According to the specific content of the legislation, although including the provisions of the first labor contractual obligations, it was not comprehensive that the legal regulation should bear the responsibility for the violation of the first contractual obligations. In the labor judicial practice in China, it is objective existence that parties in the stage of negotiation of labor contracts have intentional or negligent acts, which will inevitably cause the other losing trust interest. But in dealing with such cases we often meet a legal vacancy, reflects the imperfection of China’s liability of culpa in contrahendo. The labor contract is the most direct proof of legal labor relations between employers and employees. The purpose of exploring the liability of culpa in contrahendo is to standardize the labor contract contracting behavior, which would promote the establishment of harmonious labor relations.This thesis is intended to come out of the current situation that China’s labor contract system of liability of culpa in contrahendo needs to be improved by analyzing the typical case. And origin from the liability of culpa in contrahendo of the labor contract’s theory and reality morphology, applicable basis, assume the main scope, components, imputation principle of liability form to explore, to come to the theoretical and practical significance of the system, in order to improve the system of the liability of culpa in contrahendo of the labor contract.