Font Size: a A A

The Analysis On Divorce Cases Relating To Psychopath

Posted on:2020-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:Q QinFull Text:PDF
GTID:2416330623951073Subject:Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up,China's economic has made great development,and many employment relationships appear in the society.In judicial practice,the employment contract and the contractors agreement are widely used,but by some reasons,our civil law system is not perfect yet,and there is no legal provisions to define the concept of employment relationship or the outsourcing service.In judicial practice,judges always Judging the legal relations by distinguish the employment to outsourcing service.For this reason,the legal principles of contract always appear in the Judging of those cases with employment relationships.Unfortunately,empiricism will be widely used on those judgments instead of accurate Laws.Under this situation,it leads to the fact that it can not be clearly distinguish of the responsibility in the contract.In addition,the construction Industry is an high risk area field,which exists many irregularities such as illegal contracting,the real victim are those units or individuals who actually participate in the construction without corresponding qualifications,and it resulting the some practical obstacles for the injured workers to relieve their rights.This paper try to clarifying the employment and contracting relations by a typical personal damage compensation disputes,and analyzing the different employment relations involved in the case from the legal theory of the connotation,characteristics and constituent elements of the employment and outsourcing service,and give some legislative suggestions to the contract law.By another hand,through the research on the process of contracting and subcontracting of construction projects,it would be confirmed that who will take the main responsible in the work-related injuries and other complex Situation cases.
Keywords/Search Tags:Employee relationship, Contracting relationship, Illegal contract, Liability for compensation
PDF Full Text Request
Related items