Attributable To Problems In The Employment Relationship In The Study

Employment is a very common phenomenon in our society, but liability issues concerning the employment relation are rather complicated problems which always make people confused. And when dealing with such problems in judicial practices, people may feel incapable and turn into a mess for the lack of legal provisions in our civil law field. This paper comprising five chapters is intended to specify the liability fixation through analyzing the nature of liability, the criterion of liability as well as the essential factors of liability in order to be helpful to judicial practices.Chapter One focuses on the definition of the employment relation on basis of its origin, properties as well as its concept, and also the comparison with other related relations such as the labor relation and the contractor relation. Because the employment relation is a necessary precondition for research on liability issues, it becomes very important to distinguish it from others.Chapter Two introduces obligations of both the employer and the employee since rights of one party are in one-to-one correspondence with obligations of the other party. Rights and obligations of both parties compose the content of the employment relation.Chapter Three is the central part of this paper discussing various cases of damage to employer's rights and interests caused by the employee, damage to employee's rights and interests and damage to a third party's rights and interests caused by the employee. This chapter lays emphasis on different liabilities, natures of liabilities, criteria of liabilities and their essential factors.Chapter Four makes a brief introduction to foreign legal provisions governing liability issues of the employment relation. In both law systems, the general system of liability for breach of contract is applicable to the employment contract which is one of the civil contracts. What's the difference between the common law system and the civil law system is the criterion of liability regarding the liability for breach of contract. And in respect of the criterion of liability applicable to the liability for employment tort, the two law systems are also different from each other.Chapter Five, the last chapter, presents the status quo of legislation and judicial practices of the employment system in our country, and points out some problems and deficiencies. At the end of the paper, some advice concerning improvement of legislation and establishment of an auxiliary system is given in the hope of being helpful to improvement of our employment system.