我国当前劳动合同缔约过失责任体系述评——以法院审理为视角

Commentary on the System of Fault Liability of the Current Labor Contract in China——From the Angle of the Court Hearing

我国当前劳动合同缔约过失责任体系存在过失类型设计与第一性义务脱钩、归责原则单一、责任范围和责任形态不完整等问题。完善我国劳动合同缔约过失责任体系,应该完善缔约过失行为类型、细化归责原则、丰富责任范围和责任形态。在当前的劳动合同缔约过失责任体系下,法院审理劳动合同缔约过失纠纷的关键在于法律适用和举证责任分配,这二者都需要针对不同的缔约过失类型进行不同的适用。

There are some problems in the contracting fault liability system of the current labor contract, such as disconnect of the fault type design and the separation of the first obligation, the single responsibility principle, broken of the responsibility scope and the responsibility form. Improving the system of contracting fault liability of labor contract should perfect the type of contract fault behavior, refine the responsibility principle, enrich the scope of liability and the form of liability. In the current labor contract contracting fault liability system, the key of labor contract dispute lies in the applicable law and the allocation of the burden of proof, which need different applicable for different types of contracting negligence.