論勞動合同條款的解釋.pdf

1、 1Abstract This paper takes a set of labor contract as the instance and analyses the contradictions between the two clauses in the contract, that is to give the reply for the following three questions such as the fixed-p

2、eriod or the non-fixed one, the single one or the several contracts and the additional terminated one or the arranged removed one. In the process, the author shows the interpretation principles which are the rational, th

3、e legality and effective will better than the rules, the public benefits trending better than the rules, the drawers interpretation better than the rules and the specific interpretation better than rules. And the princip

4、les of the customs of transaction, the misunderstanding, the “l(fā)egal” clauses, the technological and the professional words are listed in this paper. At the same time, the meanings and values of contract interpretations t

5、hat is to benefit for the public interest and to improve the equal status of the consumers, the effectiveness, the allocation of treasures of the parts and the protections for the people’s miscalculation and so on by the

6、 justice, rational and fair meaning of the court’s interpretation of the contract. And the disputes of the clauses in contract by the parts should certain the actual meaning of the clauses according to the expressions an

7、d the target of the contract, the transaction customs and the honesty principle. So the aim of contract interpretation is not only the psychological need but also a ruled concept and the construction in the legal system.

8、 As the aim of the contract interpretation is the rational and specious results, the aimed interpretation should not be finished on the analysis of psychological level only but the accepted values, the moralities, the ac

9、tual political and economic conditions and the demands of the legal system outside of the world too. In the disputes of the contract, the interpretation of contract is irreplaceable. The contract interpretation and the f

10、ree will’s interpretation are not the simple formulation but a complex and multi-factors process whit the identification of matters of evidence and the values judgment or benefits balance of matters of rules and the lega

11、l issue on the analysis of the hermeneutic. The process of the contract interpretation is the one from the beginning to the end then back to the beginning, which is the circle to run. That demands the judges at interpret

12、ation to keep the prudent mind and test the pre-opinions or pre-understandings back and forth to reach a rational, justice and specious conclusion at last. Key words: contract; legal interpretation; expiration; functions