A Study Of China's Dissmal Theory

The right to dismiss is employers'unilateral termination which the "Labor Contract Law" confirmed to the labor relations with employee based on objective reasons and employee'subjective reasons. It's the interests game of the workers and employers in labor relations , which reflected in the law contradiction between workers'survival right and the economic efficiency of employers. Because of the adherence and property in the labor relations, the labor legal relations must reflect the balance between workers and employers the interests of both sides, that is, to maintain the stability of labor relations, to promote the mobility of labor and protect the value of freedom as the goal. Therefore, the dismissal must establish the mutually beneficial,harmonious coexistence and common desire of the foundation of both balance. This paper base on the principles , and learn from the legislative experience of other countries and regions to study the value of dismissal as well as its system and restrictions.The thesis studyed the basic theory including definitions, nature and the difference between the right to dismiss and the others are described. It lays the foundation for the study later by clearing the legal interpretation of the right to dismissal. And focused on the reason for dismissal from the theoretical development and the establishment of the right to dismiss the value orientation and analyze the right of dismissal based on jurisprudence. Point out the dismissal should be balance the right between workers and employers. It not only safeguard the stability of labor relations and promote the flow of that for the fundamental values. In the paper we analyzed the three specific circumstances of specific fault dismissal as well as the non-fault termination of dismissal and retrenchment of the dismissal. Learn from the legislative experience of other countries and regions, compare the differences in content with the same point, and further study its spirit. At the same time we combined with the "Labor Contract Law," the specific provisions on the right to limit the reasons for the dismissal, the performance of the dismissal on legal and illegal dismissal of the legal responsibility, a clear dismissal of the right to limit the responsibilities and rights, focused on the system design and the advantages and disadvantages of new and old "Labor Law" .And probe into the right to dismissal as well as the improvement of the legislative proposals .