What is the difference between a letter of responsibility and a contract?

Difference Between Contract and Agreement:

An agreement refers to a contract with political, economic or other relations concluded by the relevant state, political party, enterprise, public institution, social group or individual on the basis of consultation on an equal footing. An agreement is basically the same as a contract in terms of its meaning, function, format, form, etc. Both economic contracts and agreements with economic content can be called contracts, both of which are legal documents that establish the legal relationship between the parties.

While contracts and agreements have something in common, they also have their distinct differences. The contract is characterized by being clear, detailed, specific, and provides for liability for breach of contract; The characteristics of the agreement are that there is no specific subject matter, simplicity, generalization, and principles, and it does not involve liability for breach of contract. From the perspective of its difference, the agreement is the basis for signing the contract, and the contract is the concretization of the agreement.

Contract and agreement are two concepts that have both common points and differences, and should not be distinguished by their names alone, but should be determined by their substance. If the content of the agreement is written clearly, concretely, in detail, and completely, and involves liability for breach of contract, even if its name is written as an agreement, it is still a contract; If the content of the contract is written in a general, principled, and non-specific manner, and does not involve liability for breach of contract, even if its name is written as a contract, it cannot be called a contract, but an agreement.

1. Different definitions:

Security protocol is an interactive communication protocol based on cryptosystem, which uses cryptographic algorithms and protocol logic to achieve goals such as authentication and key distribution.

The safety responsibility letter is the content specification of the enterprise's implementation of the safety production responsibility system, and the leaders at all levels, functional departments, relevant engineering and technical personnel and production workers of the enterprise shall bear their own safety responsibilities in the production process.

2. The applicable objects are different

The letter of responsibility for safety is applicable to enterprise management. The safety production responsibility system is an integral part of the post responsibility system of the enterprise, the most basic safety system in the enterprise, and the core of the enterprise safety production and labor protection management system.

A security agreement is a way to provide a variety of security services in a network environment.

3. Different purposes:

The purpose of the safety responsibility letter is to actively take measures to improve working conditions and reduce industrial accidents and occupational diseases while organizing production conscientiously and responsibly.

The purpose of the security agreement is to ensure the safe transmission and processing of secret information in the computer network information system, and to ensure that network users can use the cryptographic resources in the system safely, conveniently and transparently.

4. Different application fields:

The safety responsibility letter is mainly applied to the safety production of the enterprise. The implementation of the responsibility system for safe production is conducive to increasing the sense of responsibility of the workers of production and business operation units and enterprises and arousing their enthusiasm for doing a good job in safe production.

The application of security protocols in the financial system, business system, government system, military system and social life is becoming more and more common. In the future, it is necessary to fully analyze and verify the security protocol to determine whether it meets the expected security goals.

The contract is a consensus document signed by both parties through consultation, and the target responsibility management letter is a unilateral commitment document.

A contract is an agreement between the parties or parties to establish, modify, or terminate a civil relationship. Contracts established in accordance with the law are protected by law. A contract in a broad sense refers to an agreement in all legal departments that determines the relationship between rights and obligations.

Contracts in the narrow sense refer to all civil contracts. There is also the narrowest sense of the contract, which refers only to the creditor's rights contract in the civil contract. Article 85 of the General Principles of the Civil Law of the People's Republic of China:

A contract is an agreement between the parties to establish, modify, or terminate a civil relationship. Contracts established in accordance with the law are protected by law. Article 2 of the Contract Law of the People's Republic of China:

A contract is an agreement between natural persons, legal persons, and other organizations that are equal subjects to establish, modify, or terminate civil rights and obligations. The provisions of other laws apply to agreements related to status relationships, such as marriage, adoption, and guardianship.

The letter of responsibility for target management is a letter of responsibility signed by the superior to the subordinate, or the competent department to the subordinate department, and is the working relationship between the leader and the led.

What is the meaning of the letter of responsibility: a legally effective document that individuals believe should be a legally effective document for cooperation between relatively independent social subjects, and in the details of laws and regulations that are not clear, the two parties agree on their respective responsibilities. (e.g. Safety, Objectives, Fire Responsibility) Contract means:

An agreement on establishing, modifying, or terminating civil rights and obligations between natural persons, legal persons, and other organizations of equal subjects. (e.g. labor, home purchase, lease).

Legal analysis: The compensation agreement does not have legal force, it is the result of self-negotiation, and it is the basis for the rapid handling of accidents, and it is suitable for handling accidents that can be negotiated amicably. The accident identification letter is a legal document issued by the municipal ** organ, which has the force of enforcement and is the only legal basis for the court to determine the facts of the traffic accident during the litigation.

Legal basis: Article 464 of the Civil Code of the People's Republic of China A contract is an agreement between civil subjects to establish, modify or terminate a civil legal relationship. Where there are provisions in the provisions of the law on the application of marriage, adoption, guardianship, and other agreements related to identity relationships, the provisions of this Part may be applied by reference on the basis of their nature.

Summary. Hello dear, for your situation, I make the following analysis for you: whether there is a letter of responsibility for signing a contract or not a letter of responsibility for signing a letter of responsibility usually has legal effect.

Hello dear, for your situation, I make the following analysis for you: whether there is a letter of responsibility for signing a contract or not a letter of responsibility for signing a letter of responsibility usually has legal effect.

Depending on the specific content, if both parties are willing and do not violate the mandatory provisions of the law, it is generally valid.

Legal AnalysisAccording to the relevant laws and regulations, the signing of the contract shall be fair and just, and shall not violate the mandatory provisions of the law, and shall be valid. First of all, the tort liability caused by the employee's performance of work tasks to a third party shall be borne by the employee's enterprise. From the perspective of liability for breach of contract, it is also the responsibility of the customer who sent the repair to the repair shop (the relativity of the contract).

If it is caused by the employee's negligence or intention, the employer may recover from the employee after assuming responsibility, and the relevant liability letter can be used as the basis for recovery after signing the relevant liability letter with the employee. However, the letter of responsibility must be compatible with the rights and obligations, otherwise it will be invalid. There is nothing wrong with the letter of responsibility itself.

As a means of public management, the superiors and subordinates sign a letter of responsibility for a certain work, and the superiors assign the work tasks to the subordinates, and the subordinates promise to do their best to complete the work objectives, so as to achieve the purpose of responsibility decomposition and pressure transmission. This is equivalent to the fact that the subordinates of the blocking key have set up a "military order" for their superiors, and the superiors have given their subordinates a "tightening curse". From this point of view, the original intention of the superiors and subordinates to sign the letter of responsibility is good, and if it is used well, the effect should also be good.

However, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that may be caused by the breach of the contract that the party in breach of the contract foresaw or should have foreseen at the time of entering into the contract. Therefore, the signing of the letter of responsibility with employees must be under the principle of fairness and justice, otherwise it will not have legal effect.

Legal basis: Article 3 of the Labor Contract Law of the People's Republic of China shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith in the conclusion of a labor contract. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract. Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.

The text of the labor dismantling contract shall be held by the employer and the employee.

Summary. Hello, the contract responsibility letter is legally valid, and you must bear the corresponding responsibility. If both parties are willing and do not violate the mandatory provisions of the law, it is generally valid.

Hello, if there is no defense, the letter of responsibility for signing the slag contract is legally valid, and you must bear the corresponding responsibility. If both parties are willing and do not violate the mandatory provisions of the law, the orange is generally valid.

Legal basis: Article 3 of the Labor Contract Law shall follow the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility in the conclusion of a labor contract. A labor contract concluded in accordance with the law is binding, imitating that the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

Contractual responsibilities include the following:

1. Liability for negligence in contracting refers to the liability of one party to the contract for causing losses to the other party when the contract has not yet taken effect.

2. Anticipatory liability for breach of contract refers to the fact that one party clearly indicates to the other party that it will not perform its contractual obligations after the contract is validly established and before the performance period agreed in the contract arrives; or the conduct or objective facts of one of the parties imply that it will not be able to perform its contractual obligations according to the contract, or the conduct or objective facts of one of the parties imply that it will not be able to perform its contractual obligations according to the contract, and the resulting liability is the liability for anticipatory breach of contract.

3. Liability for breach of contract refers to the liability that the debtor should bear if it fails to perform its obligations agreed in the contract upon the expiration of the performance period.

4. Invalid (revoked by Duan Mao) liability. After a civil juristic act is invalid, revoked, or determined not to be effective, the property acquired by the actor as a result of that act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility.

Where the law provides otherwise, follow those provisions. If the contract is not effective, invalid, revoked or terminated, it shall not affect the validity of the provisions of the contract on dispute resolution methods.

Legal basis] Article 500 of the Civil Code, if a party causes losses to the other party under any of the following circumstances in the process of concluding a contract, it shall be liable for compensation: (1) conducting negotiations in bad faith under the pretext of concluding a contract; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith.

Legal analysis: Contractual liability is often referred to as liability for breach of contract, which refers to the legal liability borne by the parties to the contract when they fail to perform their contractual obligations.

Legal basis: Article 577 of the Civil Code of the People's Republic of China: If one of the parties fails to perform its obligations under the contract or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Legal analysis: Contractual liability is often referred to as liability for breach of contract, which refers to the legal liability borne by the parties to the contract when they fail to perform their contractual obligations.

Legal basis: Civil Code of the People's Republic of China Article 577: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.