试论我国未来劳动合同法中缔约过失责任制度的构建——兼评《劳动合同法(草案)》相关条款

The Construction of Our Country's Responsibility System of Fault in Signing Contracts in the Law of Labor Contract in the Future

当前,构建劳动缔约过失责任制度很有现实必要性。鉴于劳动合同与民事合同之间的差异,在我国未来劳动合同法中缔约过失责任制度的构建中,不能将《合同法》中关于缔约过失责任的相关规定照搬过来,劳动合同缔约过失责任中的主体、适用范围、归则原则、赔偿范围及责任承担方均有其特殊性。

At present, it＇s of great realistic necessity to construct the responsibility system of fault in signing labor contracts. Due to the differences between the labor contract and civil contract, regulations in Contract Law of responsibility of fault in signing contracts cannot be indiscriminately imitated in constructing our country＇s responsibility system of fault in signing contracts in the law of labor contract in the future. The subject, application extent, principles of sharing responsibility, compensation range as well as undertaker of the responsibility are all of specialization.