| With the continuous enhancement of our economic strength,the continueddeepening of economic reform,and gradually perfect the socialist market economicsystem.The law on labor relations in China is gradually draw from the groping stageto the more mature stages of innovation.Labor law as part of the social law,thehighlight is the appropriate intervention and reasonable limitation of the nationalpublic law on the field of private law.Although the labor contract is born out from thecivil contract,some of the principles identified in the Contract Law should exist in thelabor contract,such as equality,voluntariness and the principle of consensus.However,due to the labor law itself has some special properties,as it both personalproperty and property attributes in the process of development of labor law,the stateworkers disadvantaged tilt protection leaving workers with relatively dominantposition the employer as much as possible to achieve a balanced position,in order toprotect the legitimate rights and interests of laborers.Paper is to explore the economic compensation system is this tendency to protectworkers under the concept of product.Through the economic compensation system,the employer in the lifting of the labor contract,after the termination should be givenworkers some financial compensation,this article attempts to reveal the nature of theeconomic compensation system through the analysis of the nature of the economiccompensation system,its institutional function The subtle relationship between thepositioning of departure from this theoretical perspective,the relationship betweenthe basic value orientation of the economic compensation system and the People’sRepublic of China Labor Contract Law"(hereinafter referred to as the"LaborContract Law").Our jurisprudence of a number of scholars also"Labor Contract Law"economic compensation system to develop before and after a comprehensive analysis of itsnature and other issues.However,with the further development of our economy,rapidchanges in labor relations,which raises new theoretical perspectives and theapplication of economic compensation system,China’s labor legislation constantlyimprove.Understanding the economic compensation system in our country’sdevelopment process will help us a comprehensive understanding of the economiccompensation system,better start a new theoretical study and develop a morecomplete system of rules.Comprehensive analysis on the nature of economiccompensation,but also help us to grasp the functional orientation of the economiccompensation system.The paper is divided into four parts:The first section describes the origin and development process of the economiccompensation system.China’s economic compensation system provided for in theLabor Law of the People’s Republic of China",but because of the enormous changestaking place in labor relations in recent years,new issues arise,so in the"LaborContract Law"in the economic compensation system detailed requirements,expandthe scope of the labor contract is terminated up will enjoy the economic compensation.The reason for this change,the reason is that the country is looking forward for thefunctionality of the system.The reason why the economic compensation system withthe development of society and make these changes,to adapt to the new era of socialstatus quo in order to play the role of expectations in the system enacted.Scholarshave different expectations of the system function to explore the nature of theeconomic compensation.The second part focuses on the domestic scholars resolve the nature of theeconomic compensation system.Introduces:the contribution of labor compensation,statutory liquidated damages,social security,the employing unit to help Duties andstatutory damages.In the analysis of these doctrines,the author’s view that thestatutory damages that endorsed.The third part of this article from the economic compensation system functionsto analyze the positioning of its nature.First,from the basic value orientation of theLabor Contract Law"as the prerequisite for economic compensation must conform to the basic direction of tilt to protect the interests of workers.Tilt protection must beconcerned about the balance of the interests of the employing unit.Through thepositioning of the economic compensation system to come to their own understandingof the nature of statutory damages,said the analysis and recognition.The fourth part of the author from the foregoing analysis of economiccompensation statutory damages compensation,said of this nature interpretation intoGao Peng net layoffs in the hope that this understanding of the nature applicable tothe practice of economic compensation The problem to do to resolve and investigate.In this section focuses on the analysis of economic compensation payment base,theagreement sanctions as well as economic compensation for the non-competitionpayments to three questions. |
