The Study Over The Legal Issues Of Personnel Guarantee

Personnel to ensure that the essence of the contract is an integrity risk prevention measures.With the establishment and development of China’s socialist market economy, the increasingly fierce market competition, the integrity risk prevention is even more important.At present, China has not yet been established to regulate the credit system and the system, therefore, the use of a viable measures the personnel guarantee contract may well be to prevent and reduce the risk of good faith.However, due to personnel to ensure contract lacking in our legal system, lead to the personnel guarantee contract disputes in the judicial practice applicable to the legal confusion, apparently endanger the authority of the administration of justice, the stability of the law as well as the people of the law of faith.Based on this, the paper is divided into four parts, including the introduction of personnel to ensure contract to be discussed.The first part, Introduction. This part in the case of missing personnel to ensure that the relevant laws and regulations, judicial confusion and Practice article concerns and study at the same time to collate the relevant literature to find the starting point of this study.The second portion, the class-case analysis. The author of this chapter the subject matter and the results of the three typical cases for comparative analysis. Come to our personnel to ensure contract disputes identified problems, which leads to the depth of interpretation of the "Labor Contract Law"9.The third part, the theory of combing. That part is divided into two sections. the first section discusses personnel guarantee contract connotation, characteristics and nature, analyzed the difference between personnel ensure guaranteed. The second section discusses the controversy about the personnel to ensure the validity of the contract, and indicated on the basis of their position, for the the later our Personal Guarantee build foundation in theory. The fourth part of the legal regulation of the extraterritorial personnel guarantee contract Comparative Analysis. The author of this part by a comparative analysis of the provisions of the common law countries, Switzerland, Japan, and China’s Taiwan region, Personal Guarantee. Through the analysis of this system of each country or region, its essence, whichever is dross, and better for our system to build the draw.The fifth part, suggestions for improvement of the the personnel guarantee contract law applies. The part of the author to ensure that the scope of restrictions to ensure that the amount of restrictions during the restrictions, as well as to ensure the guarantee can only be limited to general guarantee several aspects of the proposed recommendations to the Legislative Perfection Personal Guarantee and Finally the principle of fairness, the fault principle, the principle of reasonable compensation to the three principles as the guiding principles of the personnel guarantee contract.