The Distinction Between Employment And Contract

In this paper,"Chen v.Cao,Yu a labor victim liability dispute case" as the starting point of the study,with the focus of the dispute in this case,that is,the distinction between employment relations and contracting relations,for the main context of the analysis.The case is a two-instance case concerning the distinction between contracting relations and employment relations,and the Court of two courts is inconsistent with the outcome of the determination of the relationship between the parties,the way of argumentation and the criteria of identification,can be a good revelation of the judicial practice of employment relations and the difficulty of resolving the contract relationship of the reality,with the typical research.The first chapter of this paper reviews the case as a whole,mainly from the case introduction,the trial status and the focus of the dispute three aspects of the case of the original appearance of combing and induction,put forward the employment relationship and the relationship between the core focus.The second chapter,starting from the theory of law,expounds in detail the legal provisions,jurisprudence and related theories about employment and contracting.Secondly,according to the inductive theory,theory and some realistic practices in judicial practice,this paper makes a targeted analysis and demonstration of the focus of the dispute in this case.In the third chapter,through the reflection on the focus of the dispute and similar cases in this case,the paper tries to put forward some views and suggestions which can help to distinguish the employment relationship and the contract relationship in the judicial practice.There are two aspects,one is to use the compilation of various parts of China's civil Code to clearly define the employment relationship,the employment contract is famous,to fill the long-term absence of the employment system shortcomings;second,in the form of judicial interpretation to clearly define the specific criteria for distinguishing between employment relations and contracting relationship,in order to reduce the judicial practice of the identification Demonstrate the current situation of large differences in paths and better respond to future trials of such cases.