雇佣合同制度的两个法律问题初探

A Preliminary Study on Two Legal Issues of the Employment Contract

雇佣合同是一种以自然人的劳务为标的的合同,它常常在不同层次的含义上使用。区别狭义的雇佣合同与其它类似合同特别是劳动合同十分必要。"雇工责任,雇主承担"是解决雇工对外责任问题的一条基本原则,但在具体适用这一原则时,必须有一个准确全面的理解。

The employment contract is a kind of contract with natural person's labor service as its objective and it's often used in distinction levels of connotations.Therefore, it's very necessary to make a difference between the employment contract in a narrow sense and other similar contracts, particularly the labor contract. As for the issue of compensation entailed from the employee's infringing acts toward a third party, it's generally agreed that the doctrine of the superior should be applied, and more importantly, the doctrine must be accurately and fully interpreted as to ensure its proper application.