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The Study Over the Legal Issues of Personality Guarantee

Author: TuLinZong
Tutor: ChenZhi
School: Southwest University of Political Science
Course: Legal
Keywords: personality guarantee disputes by academia legislations abroad legislated suggestions
CLC: D922.52
Type: Master's thesis
Year: 2010
Downloads: 32
Quote: 0
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Abstract


Personality to ensure that labor relations are due to reasons attributable to the workers because damage to the employer, but by the guarantor is liable for damages on behalf of a guarantee form. Personality to ensure that the objective economic life in our country there are rich and varied forms. But to ensure that our law has not yet made clear regulatory personnel, academic personnel and to ensure that the different attitudes of a late start. This will ensure that a personnel case, the relevant theoretical controversies in the study, extraterritorial legislation and the existing judicial determination, based on the guarantee of personnel to analyze the legal issues, personnel must ensure the reasonableness of the proposed personnel to ensure that our legislation should be abandoned It should not be completely negative, and to improve legislation for a study. Paper is divided into five parts:Part I: the basic situation of the case and of the problem. The part of the case by a personnel guarantee, come out of the following questions: What is meant by personnel guarantee? How to determine personnel guarantee? What is an academic staff around to ensure that the views? Are there extra-territorial legislation can learn the system model? What will be important for the judicial determination inspiration? Study of how to respond to the personnel legislation to ensure that a realistic option, and then for the administration of justice to provide the basis for the referee? The full text will be further discussion around these issues.Part II: Overview of Personal Guarantee. This section describes the personnel to ensure the concept, characteristics and nature of the damage that is different from the security personnel to ensure that a particular guarantee of the contract should be special legislation to set the terms, and the exclusion of joint and several responsibility to ensure that the use of means to protection of servants and their interests should be provided by the guarantor.Part III: the Academic Personnel to ensure that disputes and extra-territorial legislation. This section describes the doctrinal personnel guarantee for the existence of two attitudes: the negation of and restrictions on; cited Switzerland, Japan and Taiwan region of China on the legislative staff to ensure that several typical cases. By examining the theoretical disputes and the extra-territorial legislation, obtained the basic inspiration: the personnel to ensure that the objective has its basis should be limited on the basis of limited recognition. Part IV: The judicial determination and personnel to ensure that the analysis of the case. The part that has abandoned the judicial practice to ensure that the case was inadmissible on the personnel practices; on how to qualitative issues, judicial precedents from different perspectives, but in recognition-based. Surrounding the case, there are two views: the first is a view that the personnel to ensure that the contract is invalid in this case should be based on the size of the two sides to determine whether the defendant is at fault should bear the liability and responsibility size. The second view was that the present case the contract personnel to ensure effective, the defendant should bear the guaranty liability. Through analysis, the author finds that the second opinion should be adopted.Part V: Building a Personal Guarantee On the social and legislative proposals. This part of the system construction personnel to ensure that the important value of the background and analysis, construction personnel to ensure that the system is the objective reality of the request, in accord with the world development trend of legislation, and China does not contradict the existing legislation; construction personnel to ensure that the system helps improve China’s credit system is conducive to risk sharing, stability, labor relations, conducive to the employment of workers, is conducive to improving China’s legal system. At the same time limit from the guarantee, applicable industry-wide restrictions, limits the liability of the guarantor to ensure that the restrictions during the employment of people’s obligations, the guarantor of the rights and personnel to ensure that the form of contract and other aspects of Personal Guarantee Legislation proposed.

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CLC: > Political, legal > Legal > Chinese law > Labor Law > Labor Contract Law
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