Research On The Legal Issues Of The Intermediary Domestic Service Contract

With the continuous improvement of living standards, domestic service as a new service project more and more numerous families of all ages, and with the advent of liberalization of the national two-child policy and the aging society, the demand for domestic services will increasingly popular. However, China’s laws and regulations on domestic service is not perfect, imperfect, the rights of domestic workers, employers and domestic service between the three institutions, obligations, liability provisions are not in place. Intermediary system of domestic service contracts do not set specific requirements and the establishment of a dispute settlement mechanism, once the tripartite dispute dispute, the situation is prone to shirk responsibility, the interests of the three parties can not be effectively guaranteed, so that the risk of domestic service industries more high. For Housekeeping studies mostly from the perspective of labor law point of view, the study of domestic workers labor rights protection, from the perspective of contract law to regulate domestic service system in-depth study of the very few. From the point of view of contract law, analysis of domestic workers, employers and the domestic service agency this tripartite body of civil rights, obligations and civil liability. Problems of the legislative and judicial mediation system exists Housekeeping study focused on how to enrich and refine the agency made domestic service contract and how to define the liability for breach of contractual parties, put forward a sound system of intermediaries domestic service contract proposal.This paper consists of four parts:The first part, leads to the intermediary system of the basic theory of domestic service contracts, introduced the concept of mediation made domestic service contract, legal characteristics, the next study provides a theoretical support.The second part introduces the first agency of the relevant provisions of domestic service contract system Legislation proposed system of mediation Housekeeping qualitative fuzzy contractual legal relationship, rights and obligations of parties to a contract agreement is not clear, obscure parties to a contract breach, the lack of industry regulation mechanism and other issues.The third part, by examining the Philippines and Hong Kong made domestic service contract mediation legal regulation, combined with the Philippines, Hong Kong, China Inspiration intermediary system inadequate domestic service system, summed up the mediation system on the relevant provisions of domestic service to our country.The fourth part, for the second part of the specific problems of domestic service contract mediation system exists summary of the analysis reference the Philippines, Hong Kong based intermediary prepared Housekeeping legal regulation proposed specific improvement recommendations.