Research On The Problem Of Undue Influence On The System Application

Labor payment contract relationship is a significant relationship under the market economy system in China.As the pace of life quickens and the pursuit of better quality of life,real life appeared a large number of cases that parties in the labor payment contract relationship who have undue influence on the other based on trust or command relationships,including unfairly persuade one to resign or selling products or services.The system of undue influence originated from the English equity law and prevailed in the common law.After several centuries,it is still full of vitality.It is listed as the cause of intention showing defects together with coercion,false statement and error,but this system has not been included in our country.Therefore,the remedy for the wrongfully affected party in the labor contract is insufficient.In this paper,in the perspective of labor payment contract relationship,combining with the stage analysis of behavior of undue influence during the subject relationship,drawing the essence of undue influence system of Anglo-American law system,we can put the system in the form of the referee rules into our existing legal framework,which in order to provide a clear logical thinking when judging these type cases.The body of this paper is composed of four parts.The second part focuses on the stage analysis of the behavior of undue influence in the contract of labor payment,including the causes and characteristics.The third part analyzes how to remedy the undue influence in the contract of labor payment from the perspective of legislation and judicial practice.The fourth part combines the theory and practical experience of Anglo-American law system and holds that it should be incorporated into the existing legal framework of our country in the form of adjudication rules.