雇佣与承揽的法律实务辨析——评王某等人诉张某人身损害赔偿纠纷案word格式论文.docxVIP

AbstractAs contract of employment and contract for work both is a contract that one provide services the other, and both of them have the same features, such as hire someone and have been hired. So, contract of employment and contract of work is very similar to each other and is easy to confuse. In addition, “General Principles Of the Civil Law Of the People’s Republic Of China” and “Contract Law Of the People’s Republic Of China” have no clear stipulates on contract of employment , also the Judicial Interpretation ofthe Supreme Peoples Court give so little explains to it . And so far thereis no any rule to set to explain what contract of employment is. As a result, in practice, it has always been our difficulties and the focus of the case of the two parties that on how to distinguish between contract of employment and contract of work, as well as how to determine the civil liability who should hold in the case.Basing on the real and specific cases, this paper analysis the meaning, characteristics in law of the contract of employment and contract for work as well as how to distinguish them. Hope that it can provide useful help to solve relevant cases. In this paper, the so-called contract of employment, which means the parties agreed on a certain party or the others in an indefinite period of time to provide services, other parties give the payment,and the former must obey the latter in the process of service. As the actual situation is complex, so we should begin on the meanings of the rights and obligations and the nature of characteristics of them. That is, first consider whether the rewards are based on the labor, then consider that whether they have personally attached relationship between the two parties.Only to do this can we distinguish contract of employment and contract for work clearly . If it mainly supply labor for the purpose, it should be recognized as contracts of employment; if they can not clearly determine whether