论诚实信用原则在过错性解雇纠纷中的运用
发布时间：2018-07-28 08:14
【摘要】：诚实信用原则是民法的一项基本原则,在民事法律关系的调整中起着指导当事人行使权利履行义务，解释和补充法律的重要作用。当前，在我国社会诚信缺失的大背景下，劳动用工领域的诚信缺失现象也日趋严重。在劳动法中引入诚实信用原则，倡导诚信缔约、诚信履行，对于维护正常的劳动用工秩序、推动社会经济秩序健康有序发展有着重要的意义。本文在对诚实信用原则进行理论分析的基础上，，提出了诚实信用原则在劳动法中适用的可能性与必要性，并结合具体的审判实践，对劳动合同签订及履行过程中劳动者如实告知义务及忠诚履约义务进行了充分的论述，更就劳动者在签约及履约过程中不诚信行为的认定标准及在解雇合法性审查中如何正确运用诚实信用原则提出了自己的观点，希望能促进我国劳动法领域对诚实信用原则的理论研究，并使之与司法审判实践紧密结合。
[Abstract]:The principle of good faith is a basic principle of civil law, which plays an important role in guiding the parties to exercise their rights and fulfill their obligations and to interpret and supplement the law in the adjustment of civil legal relations. At present, under the background of lack of honesty and credit in our country, the phenomenon of lack of honesty in the field of labor and employment is becoming more and more serious. It is of great significance to introduce the principle of honesty and credit in the labor law, to advocate the signing of good faith and to fulfill it in good faith. It is of great significance to maintain the normal labor order and promote the healthy and orderly development of social economic order. Based on the theoretical analysis of the principle of good faith, this paper puts forward the possibility and necessity of the application of the principle of good faith in the labor law, and combines with the concrete trial practice. In the process of signing and performing the labor contract, the obligation of telling the truth and the obligation of faithful performance are fully discussed. Moreover, the author puts forward his own viewpoint on the standard of dishonest behavior in the process of signing and performing the contract and on how to correctly apply the principle of good faith in the examination of the legality of dismissal. The author hopes to promote the theoretical research on the principle of good faith in the field of labor law in China, and combine it closely with the judicial practice.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.5;D923.1
本文编号：2149470
[Abstract]:The principle of good faith is a basic principle of civil law, which plays an important role in guiding the parties to exercise their rights and fulfill their obligations and to interpret and supplement the law in the adjustment of civil legal relations. At present, under the background of lack of honesty and credit in our country, the phenomenon of lack of honesty in the field of labor and employment is becoming more and more serious. It is of great significance to introduce the principle of honesty and credit in the labor law, to advocate the signing of good faith and to fulfill it in good faith. It is of great significance to maintain the normal labor order and promote the healthy and orderly development of social economic order. Based on the theoretical analysis of the principle of good faith, this paper puts forward the possibility and necessity of the application of the principle of good faith in the labor law, and combines with the concrete trial practice. In the process of signing and performing the labor contract, the obligation of telling the truth and the obligation of faithful performance are fully discussed. Moreover, the author puts forward his own viewpoint on the standard of dishonest behavior in the process of signing and performing the contract and on how to correctly apply the principle of good faith in the examination of the legality of dismissal. The author hopes to promote the theoretical research on the principle of good faith in the field of labor law in China, and combine it closely with the judicial practice.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.5;D923.1
【参考文献】
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本文编号：2149470
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