Research Of The Construction Of Personnel Guarantee System In China

As a system of guarantee, personnel guarantee contract is signed between the employer and the guarantor to make sure the damages compensated when the employee neglects his duty or make damages deliberately. It is protect the future debt to be compensated, which is the particular credit guarantee. However, the Chinese laws don’t make this question clear, which leads to the controversy in the theoretical research and practical application.In this paper, firstly, the author use some methods, such as the direct interpretation methods, the system explain method and the objective interpretation methods, to clarify the provisions, the content, the meaning and scope about the system of personnel guarantee. Secondly, the case analysis method is to be used to find the judicial practice to personnel guarantee disputes among the courts in different places. Lastly, the comparative study method is also to be adopted to compare the regulations about that personnel guarantee between the common law and civil law. All above is to ensure that the system construction personnel in our country can be successful.The personnel guarantee system, in the author’s view, have strong vitality, no matter in the theoretical research or practical application. The reason is that this system has legitimacy and rationality from different levels. So the question needs to be solved, one key point is to balance the rights and obligations between the parts. So there are five chapters in the paper.The first chapter is summary about the personnel guarantee system. From the basic concept of personnel guarantee of system, the author analyzes its legal nature, its legal characteristics and its legal relationship. Then the paper has the basic content of personnel guarantee system and the overall framework.The second chapter is the disputes about personnel guarantee in China in judicial practices, through the Supreme Court to local courts. This situation is harmful to our judicial authority, which means it is pressing to make law on personnel guarantee clear and operational.The third chapter is the necessity and feasibility analysis on personnel guarantee system. Finally, the paper holds that the personnel guarantee system in our country present stage is to have its existence and the necessity and feasibility of further building.The forth chapter is legislation on personnel guarantee system. First question is the review about law regarding the personnel guarantee. This part carries on exhaustive investigation of the laws from the common law and civil law, such as Switzerland, Japan and the region of Taiwan of China. One law has its characteristics; the paper is just to find the advantages that can be necessary to our law about the personnel guarantee. Then we should make sure to put the personnel guarantee system in the right position. Then the paper can make the system set up from some aspects.