Research On Training Contract

Training contract is an agreement signed to clear the mutual civil rights and obligations among the training agencies, citizens, legals and other organizations, which is also signed to establish the relationships of training services,to achieve the specific training purposes.Nowadays, the training industry is developing flourishingly, but the development of the law on training contract still falls behind the practice of training industry. So it is necessary to make a further research for training contract to maintain an balance the interets of the parties, to make a standard line of training service, and to maintain the properity of our training market. We should guide it along the course of the current situation, then the training contract would ba approved to be the typical contract to ensure the re-development of the knowledge-based economy.In this article, viewing the basic theories of contract law as a starting point,with some typical cases in practice areas, the author makes a study for the relative laws about training contract in China from double perspectives in thoery and practice.The article can be divided into three parts:introduction, content, and conclusion. In introduction,it describes the necessaties and importance of the training contract study, especially because in such a knowledge-based economic times, the training industry has a flourishing development.The content consists six parts:the contract to overview, practical condition, contractual relationships to constitute, conclusion and performance, breach form and remedy measures, and the thoughts about the legislation of training contract in China. In the 1st part, with a rough outline of the training and training industry, the author takes a comprehensive and objective examination of kinds of training concepts and its legal charateristics, and makes a distinction between the similar concepts, making a full view of training contract to be formed.In the 2nd part, with the perspective of the existing typical cases about training contract in our country, the author analyses the general characteristics of the practice development in training contract, and analyses the controvertible focuses on the exsiting contract disputes, to conclude four-point challenges in reality to the the existing laws.In the 3rd part,the author makes an analysis of the basic factors in the constitution of the relationships of the training contract, and sets forth the elements between the subject and object in training contract and the rights and obligations of the parties.In the 4th part, with the help of the existing cases, the author discusses the details to set, to form, etc, of the links in the process of the training contrat concluding; with the basic theories of contract law,the author explains the specific principles we should follow when we perform the training contract; at the same time, with the current situation of the practice, the author expounds the important guiding significance of the principle of good faith when it is applied in the conclusion and performance of the training contract.In the 5th part, with the existing cases, the author analyses kinds of breach forms and its law consequences one by one which would happen or have happened in the process of the training contract perfomance. On the basis,the author draws a conclusion of seven kinds of specific remedy measures. In the 6th part, establishing on the basis of the five parts mentioned above, the author makes reflections on the legislative current situations, and explorations on the legislative building, making a deep view of the typification of training contract from three angles in the following:legislative principle, legisletive model and legislative content.With the research on content,the author thinks:it is clear that the typification of training contract has become times'voice, which should get a better concern with a further research by people in theory and practice circles, finally providing a good legal envinronment for a healthy development of training industry in China.