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Research On The Mode Of Liability For Breach Of Contract

Posted on:2020-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q L YangFull Text:PDF
GTID:2416330572489914Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The way to bear the liability for breach of contract is not only a problem worthy of discussion,but also an unavoidable problem to realize the balance of interests between employers and employees and to realize the harmony and stability of labor relations.As one of the core contents of the liability system for breach of contract,it is of great significance to resolve labor disputes and relieve the rights of injured parties,and should be attached great importance to by the legislative and theoretical circles.However,the provisions of the labor law of our country on the liability for breach of contract of labor contract are not perfect,the existing provisions are not strict enough,prone to ambiguity,and even there are individual legal loopholes.The imperfection of the legal provisions leads to the difficulty of the judge in applying the law.It is also difficult to standardize and guide the behavior of both sides of labor relations.Therefore,how to improve the way of liability for breach of contract in our country,so as to better guide the behavior of both sides of labor relations and standardize labor relations,has become an important task in front of us at present.In addition to the introduction and the conclusion,this paper is divided into four parts.The first part is an overview of the way of liability for breach of contract.In this part,the author first defines the concept of liability for breach of contract of labor contract,and obtains the concept of liability for breach of contract of labor contract by analyzing the concept of liability for breach of contract and liability for breach of contract.Then it analyzes the influence of the particularity of labor contract on the mode of liability for breach of contract and the important position of liability for breach of contract in labor contract.The second part is "the way and applicable situation of liability for breach of contract of labor contract".In this part,the author introduces three ways to bear the liability for breach of contract,that is,to pay damages for breach of contract,to compensate for losses and to continue to perform,and combined with the provisions of labor law of our country on liability for breach of contract.This paper summarizes the specific application of three kinds of liability for breach of contract.At the same time,this paper analyzes the applicable characteristics of continuing to perform responsibilities in judicial practice.The third part is the problems existing in the way of liability for breach of contract.This part is the focus of this paper.Through the statistics,analysis and induction of a large number of cases of breach of contract disputes,this part summarizes the problems existing in the judicial application of various forms of liability for breach of contract,and points out the shortcomings of the legislation on the mode of liability for breach of contract.The fourth part is a "Suggestions on the Improvement of the Liability for Breach of Contract of the Labor Contract".In this part,the author puts forward some concrete suggestions on how to improve the liability for breach of contract in our country by drawing on the relevant experience of the foreign countries.
Keywords/Search Tags:labor contract, liability for breach of contract, liquidated damages, continued performance
PDF Full Text Request
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