Legal Countermeasures Of Chinese Enterprises Disciplinary Authority Abuse

Disciplinary authority of enterprise is needed to guarantee the order of operation and management, and to realize the set production of it. Disciplinary authority of enterprise and the employee’s rights are inseparable. Because once it abused, the laborer rights and interests will violate. Therefore, all countries have to limit the range of disciplinary authority of enterprise, and to prevent the abuse of it. Then we can lessen and resolve the contradiction between the enterprises and the employees, even can balance the interests. There are a lot of defects with disciplinary authority of enterprise in current labor law system. We all know, the theory in theoretical circles does not meet the needs of the reality. It means that the law of disciplinary authority falls behind in practice. On the basis of previous studies, this paper tries to analyse the causes of abusing disciplinary authority of enterprise, how to prevent it, and to put forward the idea in building an effective law of it. so as to enlighten legislation and judicial practice of the abuse of disciplinary authority.preventIn addition to the introduction and conclusion, this article is divided into three chapters.The first chapter tells us what are disciplinary authority of enterprise and its power abuse. This chapter basically analyzed the necessity, the meaning, the nature, the classification and the function of disciplinary authority of enterprise from different perspectives. At the same time, this paper draws lessons from the western countries about the definition of the rights abuse to make a further exposition of the characteristics, performance, harm and cause of disciplinary authority’s abuse.The second chapter tells us how to prevent and process the disciplinary authority’s abuse in China. This chapter mainly analyse the legal basis, the problems and its reasons of disciplinary authority of enterprise’s abuse in our country.In the third chapter, we will explain what is an effective legal countermeasure to stop the abuse of disciplinary authority of enterprise. From the perfect disciplinary authority in accordance with the law itself, its supervision and accountability system, the specific proposals about regulating disciplinary authority of enterprise should be advanced.