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Legal Study On The Reputation Infringement In The Case Of Xukai VS.Shanghai Baosteel Metallurgical Construction Company

Posted on:2015-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:S LinFull Text:PDF
GTID:2266330431951077Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
False records in certificate of labor contract termination usually stir disputes between laborers and employers. Xukai vs Shanghai Baosteel is a typical case. The certificate of labor contract termination plays an important role in labor management. These legal disputes can be dealt with as labor dispute or reputation infringement. However, different lawsuit tactics may lead to different results. This dissertation bases on the case of Xukai vs Shanghai Baosteel and studies on the legal issues in it with the following parts. The first part is the brief introduction. This part introduces the phenomenon of false records in certificate of labor contract termination and the background, the study means as the start point. The second part is about the controversial points in the case. This part introduces the details of the case and analyzes the litigation claims and the verdicts, and maintains that this case reflects the plaintiff can select different lawsuit tactics. The third part is about the legal controversies in the case under the current legal regime of records in certificate of labor contract termination. This part analyzes the definition of records in certificate of labor contract termination and its functions and maintains that the dispute caused by false records in certificate of labor contract termination reflects the unbalance between the laborer and employers. The fourth part about is the legal issues in this case and maintains that the lawsuit tactics in Xukai vs Shanghai Baosteel is an optimized tactics and can protect the laborers’interest better. The last part is the further research from the perspective of the judicial practice. This part put forward some suggestions in the fact identification, evidence identification, statement of judgment reason and damage compensations.
Keywords/Search Tags:Certificate of Labor Contract Termination, False Records, LaborDispute, Right of Reputation, Lawsuit Tactics
PDF Full Text Request
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