论劳动合同中的缔约过失责任制度

缔约过失责任制度是民法债权中的一项重要制度,它的提出使缔约阶段也纳入法律调整的范畴,进一步完善了债法理论.<中华人民共和国合同法>中对缔约失责制度作了较全面的规定,但这些规定却不适用于劳动合同,从而造成我国劳动立法与实践的严重脱节.为了弥补劳动权利救济的缺陷,确立劳动缔约过失责任制度是必要和可行的.但劳动合同属于兼具有公私法性质的社会法调整,劳动缔约过失责任制度与民法中的缔约过失责任制度相比在适用主体、归责原则、适用范围和赔偿范围等方面有其特殊性.

Discussion on Liability for Fault to A Labor Contract

Liability for fault to a contract is the important component part of the system of creditor's rights in civil law, which further perfects the theory of creditor's rights, the stage of concluding an agreement is stipulated by law. Contract Law of the People's Republic of China has relatively comprehensive provisions about the liability for fault to a contract, however, they are not applicable to a labor contract. Furthermore, the labor legislation is divorced from practice in China. In order to make up the inadequate way to safeguard laborer's rights, the liability for fault to a labor contract is essential and feasible. Compared to the liability for fault to a contract in civil law, the liability for fault to a labor contract has many unique features such as subject of application, principle of imputing the responsibility, scope of application and scope of compensation.