The Case Study Of Wang Lihua Prosecuted The LI JIE House Service Center For Liquidated Damages

With the development of economy and people's living standards, consumption of domestic service are welcomed by people increasingly, meanwhile, a new contract relationship was formed,namely domestic service contract. However, with the growing domestic market and the rapid development of domestic industry in the domestic process, more and more new problems appeared, hampering the development of this industry, making domestic service can not get effective safegard. Responsibility of breach of contract relationship have different performances in different conditions, based on the analysis of "WangLiHua v. li gem domestic service center complaint for the breach of contract case", combined with the relevant provisions of law and legal theory, the article thoroughly discussed about the damage caused by domestic services staff for employers, and whether domestic service agencies should be responsible for negative default liability.This article was mainly discussed from the following three aspects:The first part was a detailed description of the facts of the case, the author consolidated the first and second instance court case and judgements, in order to give readers a whole graspe of the case,among from paving the way for next steps.The second part is the focus of substantive issues of the case, and analyze the problems existing in the entity on controversial issues. It was mainly discussed from three aspects:firstly,the type and the legal properties. Secondly, the cognizance of the legal relationship among Li Jie Home Economics Ltd, nanny Zhao Chunyan, and employers Lihua. Thirdly, how to cognizance the responsibility of Li Jie Co.'s breach of contract. Based on the analysis of the above problems, the author make comments on the first and second trial assessment, and give the point of view on controversial issues in this case.The third part is the focus of the procedural dispute and analysis, there are tremendous dispute about procedural issues of the case, this part analyzed problems exist in procedure.according to introducing two concepts,namely evidence responsibility and evidence standard,strive to give some mature advice on subsequent trial of related cases.