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Macau Periodical Index (澳門期刊論文索引)
- Author
- Fan, Jianhong; Tian, Qing
- Title
- A discussion about dismissal initiated by employers and its limits
- Journal Name
- Universidade de Macau : Boletim da Faculdade de Direito = 法律學院學報
- Pub. Info
- 2008, No.26, pp. 63-74
- Abstract
- Abstract : Previous research had paid much attention to questioning the adequacy of legislation premises for supporting conclusions with emphasis placed on the reasoning from the premises. Once the rationality of the premises that is based on the legislation of dismissal limits is challenged, the solution drawn from deduction or induction becomes an issue of ambiguity. This paper discusses the concept "dismissal" and its differentiatioin with other related concepts and the concepts of dismissal limits from the perspective of German law and raises a basic viewpoint that is based on legal theory for the following discussions: Are the "premises" of legislation and judicatory rational? Are such premises able to effectively draw conclusions? In this sense, it becomes significant for comparative law. Paragraph Headings: 1. Introduction 2. The concept of disimissal 2.1. The definition of dismissal 2.2. The similarities and differences among dismissal, revocation and change in circumstances 2.2.1. Similarities 2.2.2. Main distinctions 3. The limits of dismissal 4. Conclusion