The Research On Personnel Guarantee Contract Effectiveness

Although the personnel guarantee contract being used generally, there is no clear rules on the effect problems of the personnel guarantee contract in law.Also in the aspect of theory did not reach a consensus whether it is effect on the contract.some people has admitted its effectiveness,but also some people negate it.Due to a lack of theory and legal support, The judgment is inconsistent.This paper start with a detailed description on the meanings and characteristics of the personnel guarantee,advising the court should admit the effectiveness of the personnel guarantee contract and shall establish personnel guarantee system in our country,which has important theoretical significance and strong practical significance.The full text is divided into six parts:Chapter 1:summary of practical and theoretical dilemmas. Fist of all, this part show two typical cases of personnel guarantee to reveal the problems that on similar cases there appear different trial results; Also in the aspect of theory,there still did not reach a consensus on the effectiveness of the contract; The shortage of the theoretical study led to the dilemmas on judicial trial.Chapter 2:The structure of the personnel guarantee contracts system. with the study of civil law of Taiwan, there are two aspect of meaning of the personnel guarantee contracts,the broad sense and narrow sense,and this paper focus on the narrow sense; Second, studying theories of related concepts to further analysis and make a conclusion that is a kind of abnormal guarantee; Third, comparing with general guarantee to demonstrate the personnel guarantee personal has specificity characteristics and Finally, make comparison with labor contract and insurance contract to distinguish between related contract.Chapter 3:Theoretical grounds. This part mainly analyze the two opposing aspects on the effectiveness of personnel guarantee contracts. Listing the theory of negative reasons and rebuttal;Then from the positive point of view to analyze the value of the personnel guarantee, and prove that the personnel guarantee has certain social value and economic value.Chapter 4: The legislative investigation on the personnel guarantee system of countries and regions for reference. Switzerland, Japan and some common law country has detailed rules on personnel guarantee system which we can learn from.Chapter 5: The legislative Suggestions.Based on the legislative investigation, this part mainly focus on the difference between the personnel guarantee and general guarantee.Chapter 6: Summary.Even if the personnel guarantee system has some shortcomings, It has more advantages to apply it that good regulation of the personnel guarantee help improve employment rate and economic benefit.