Research On The Legality Review Of Corporate Rules And Regulations

The rules and regulations refer to the code of conduct for the employer to strengthen the administration of labor and personnel,and to ensure that the workers enjoy the right to work and fulfill their obligations in accordance with the law.Judicial review of rules and regulations is an important basis for the establishment of legal system.The rules and regulations of the employer and the employee formulated and signed,on nature,rules and regulations of a labor contract,collective contract,or compulsory legal regulations about fuzzy will be difficult,causing a lot of trouble in the court trial process.Especially for the workers,the law does not specify the nature of the labor units to develop rules and regulations,for the protection of the rights and interests of workers bring great difficulties.Specifically,the review of the legality of labor rules and regulations relates to the specific interests of the workers,but also an important support for the operation of the labor contract system.Labor rules and regulations is an important standard to adjust the rights and obligations of both employers and employees.It can be said that the employer has no legal regulations,the behavior of workers will not be employer management constraints,whilesome internal management behavior units will lose the legal basis.Study on legal issues of the labor regulations unit,improve the employing unit labor rules and regulations,to ensure the realization of legal standardization operation of the employer,the employer in accordance with the national security law legal operation,and favorable prevention and control possible labor disputes,maintaining social harmony and stability.The workers identified and agreed with the employer regulations,workers should be in accordance with the rules and regulations to comply fully with its obligations,but once the rules of illegal liability arising disputes is also the most prone to disputes,on the one hand to the employer's liability principle,on the other hand to the legitimate rights and interests of workers.Therefore,in the judicial practice,the judge has paid much attention to the distribution of the illegal responsibility of the rules and regulations.But since the labor law,the enterprises of our country labor regulations increasingly perfect and to obtain the considerable development,the worker and the employer is still relatively weak awareness of the law and legislation and on a variety of factors,at present there is no specific about the rules and regulations of the employer of laws and regulations,which resulted in a special on the legal nature of formulating the rules and regulations of the employer's responsibility,rules and regulations of illegal distribution and other issues,especially the deficiency of China's legal rules and regulations in the legitimacy of judicial review.This has seriously infringed upon the legitimate rights and interests of the workers,caused a lot of labor disputes,which led to the tension between labor and capital,endangering the social harmony and stability.In order to protect the legitimate rights and interests of the workers,and to regulate the formulation of the rules and regulations of the employer,the rules and regulations play a positive role.This paper through the judicial review system of labor regulations the legal system construction of strong carried out a more comprehensive analysis and discussion,put forward their own views on some controversial in theoretical circles and judicial practice problems,and puts forward some suggestions on perfecting the construction of China's labor regulations the legitimacy of judicial review.The first part is an introduction,which briefly introduces the background of the problem,defines some related concepts,reviews the history of domestic research,and points out theshortcomings of the existing research.The second part is the case described in detail,three cases of the results and summarize the case the focus of controversy,preparing for the following case analysis.The third part is the legal analysis of the case,which mainly discusses the concept,the application and the responsibility distribution of the legality review of the rules and regulations.The fourth part is the conclusions and implications of the study,discusses the rules and regulations of the legitimacy of the review of the research conclusions,and give some suggestions to the conclusions of the recommendations.The last part is the conclusion,pointing out the deficiencies and prospects of some research.