试论缔约过失责任理论在劳动合同制度中的引入与适用

Discussion on Introduction and Application of Liability for Fault to a Labor Contract

在作为特殊合同的劳动合同制度中引入、适用缔约过失责任理论具有必要性和可行性。但劳动合同缔约过失责任制度与民商事合同的缔约过失责任制度相比,在适用主体、归责原则、行为的类型、赔偿范围和责任承担方式等方面有其特殊性。

Introduction and applicability of liability for fault to a labor contract has its necessity and feasibility, However, 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, classification of conduction, scope of compensation and modes of bearing the responsibility.