| In the process of labor contract legislation in China,insufficient attention has been paid to the issue of the allocation of legal responsibility for the inability to fulfill labor contracts.The current legal rules lack a systematic and comprehensive regulatory mechanism,and only scattered provisions on the specific forms of inability to fulfill labor contracts and several ways of assuming responsibility are included in the legal provisions,and even some important institutional constructions are missing.Improving the legal responsibility distribution system for the performance of labor contracts is of great practical significance for balancing the interests of employers and workers,and building a harmonious labor relationship.Therefore,it is first necessary to analyze the legal responsibility distribution system for the inability to fulfill labor contracts,define the concept of the inability to fulfill labor contracts,explore the legal responsibility for the inability to fulfill labor contracts,and analyze the legal characteristics of the legal responsibility distribution system for the inability to fulfill labor contracts in China.Secondly,starting from the reasons that can be attributed to one or both parties,and not to both parties,analyze the current situation of China’s legal responsibility distribution system for the inability to fulfill labor contracts,and then study the current difficulties: the lack of systematic,targeted,and innovative legislation;The method of sharing social insurance responsibilities is not perfect.In response to the above difficulties and the necessity of improving the distribution system of legal responsibility for the inability to fulfill labor contracts in China,and in combination with the inspiration of the distribution system of legal responsibility for the inability to fulfill labor contracts in foreign countries,it is recommended to strengthen the legal principles of the distribution system of legal responsibility for the inability to fulfill labor contracts,refine the rules of legal responsibility distribution,and innovate the legal responsibility distribution system by utilizing the needs of the labor market and internal needs,And by improving social insurance subsidies to share the burden on both labor and capital,in order to maintain the stability of labor relations and seek a harmonious and win-win situation for both labor and capital. |