一起买卖合同纠纷案的法律分析

发布时间：2019-05-10 08:12

【摘要】：为保护劳动者的合法权益,《劳动合同法》、《劳动合同法实施条例》相继实施。但是,用人单位的合法权益受到劳动者侵害时,该如何保护呢?由此引起的诉讼表现出诉讼主体的多元化以及所涉法律关系的复杂化。本文以学生本人代理的一起案件为例,跟随案件进展,研究有关法律问题。本文主体部分遵循“提出问题—分析问题—解决问题—完善建议”的基本思路,分四大部分展开论述。第一部分是基本案情。案例来自历经四审的买卖合同纠纷。介绍案件的案由、审理情况及判决结果,并提出所涉主要争论点。第二部分是就本案进展中的有关法律问题展开具体分析。首先是分析该案的刑民交叉问题,其次是分析正当当事人问题。认为本案案由是占有物返还纠纷。第三部分是与本案有关法律问题简析。首先是分析委托代理人损害委托人利益的责任；其次是公司管理不善的责任；再次是公司职工不履行职责的责任。结合本案,对法院的后三次审理的判决裁定提出质疑,认为本案中被告姚淑红承担支付货款责任,被告张伟、被告于群不承担责任。第四部分是对我国未来立法的建议。设立正当当事人制度,并优化立案指导。
[Abstract]:In order to protect the legitimate rights and interests of workers, the Labor contract Law and the regulations on the implementation of Labor contract Law have been implemented one after another. However, how to protect the legitimate rights and interests of employers when they are infringed by workers? The litigation caused by this shows the diversification of the subject of litigation and the complexity of the legal relationship involved. This paper takes a case represented by the student himself as an example to follow the progress of the case and study the relevant legal issues. The main part of this paper follows the basic train of thought of "putting forward problems, analyzing problems, solving problems and perfecting suggestions", which is divided into four parts. The first part is the basic case. The case comes from a fourth trial dispute over the contract of sale and purchase. This paper introduces the case, trial situation and judgment result of the case, and puts forward the main points of argument involved. The second part is to carry out a specific analysis of the relevant legal issues in the progress of this case. The first is to analyze the cross-cutting issues of criminal and civil in this case, and the second is to analyze the legitimate parties. It is considered that the cause of the case is the dispute over the return of possession. The third part is a brief analysis of the legal issues related to this case. The first is to analyze the responsibility of entrusting agent to harm the interests of principal, the second is the responsibility of mismanagement of the company, and the other is the responsibility of the staff and workers of the company not to perform their duties. In this case, the judgment of the last three trials of the court is challenged, and it is considered that Yao Shuhong, the defendant, and the defendant, Zhang Wei and the defendant, are not responsible for the payment of the goods in this case. The fourth part is the suggestion to the future legislation of our country. Set up a proper party system and optimize the guidance of filing a case.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.5;D922.52

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