On Liability For Fault In Concluding A Labor Contract

In China's civil legislation,the system of fault liability for contract conclusion has been clearly stipulated.In the field of labor law in our country,there are also relevant regulations on the content of the liability for negligence in contract signing,but the regulations are incomplete and not comprehensive.Moreover,China's labor legislation does not clearly propose the concept of "labor contract fault liability".In the field of labor contracts,the liability for negligence in contracting is stipulated,and the negligent act takes place in the contracting stage before the labor contract takes effect.The two parties negotiate for the conclusion of the labor contract,and the user unit and the laborer have a mutual benefit of trust.This trusting interest needs to be protected by law,and the scope and content of such protection need to be determined according to law.The promulgation of China's "Labor Contract Law" and related laws have stipulated certain aspects of China's labor contract negligence liability system,and the actions of both parties during the binding contract provide support for the successful conclusion of labor contracts.However,the provisions of current labor-related legislation regarding the liability for negligence in the field of labor contracts are still incomplete.Therefore,under the current regulations and research,the author starts with the concept and characteristics of the contractual fault liability in the labor contract,clarifies the theory and practical value of its existence,combines the regulations of some countries outside the region,analyzes the reference points of China,and solves the current Existing problems and make perfect suggestions.The research methods adopted by the author in this paper are mainly literature analysis,supplemented by comparative research and inductive research.The research ideas of this paper start with a comparative analysis of the basic theories of fault liability for labor contract signing.The difference between labor contract signing faultliability and general contract signing fault liability.In addition,according to the particularity of labor-related laws and regulations,the value of constructing a labor contract conclusion fault liability system is studied from multiple angles of theory and practice.Furthermore,it sorts out the current laws and regulations on the liability for negligence in labor contract signing,and puts forward the inadequacies of China's labor contract contracting negligence system in terms of the application of the principle of liability,the pre-labor contract obligation stipulation of the method of liability and the scope of compensation.Then it summarizes and summarizes some countries outside the region,with the United States,Germany,and South Korea as the main research objects.From its theoretical research and current legislative research on labor contract contracting fault liability,it summarizes the content that can be used for reference in China's labor contract contract fault liability legislation.Finally,in response to the shortcomings of the current legal provisions of the labor contract contracting fault liability,it is proposed to clarify the application scope of the labor contract contracting fault liability,to refine the labor contract contracting fault liability liability principle,to expand the labor contract contracting fault liability liability mode and compensation More specific legislative proposals such as the scope,the content of the labor contract and the responsibility to complete the labor contract before the fault.