Compareative Research On The Protection Against Dismissal System

In the field of labor law, the main contradiction is the contradiction between capital and labor. Under the background of socialist market economy in China, emphasis should be laid on protection of live and work rights of workers, and the healthy development of the market economy needs the maintenance of the employer the right. So how to protect the interests of both sides to achieve a balance between labor and capital is an important research direction for China to construct socialist harmonious labor relations, and it is also an important part of labor law research. Therefore, this article starts from the basic theory of dismissal protection system, And adopted norm analysis, semantic analysis, empirical analysis, comparative research methods and put forward some suggestions to improve China’s dismissal protection system.This paper is divided into three chapters.The first chapter mainly describes the forming process of the concept and basic theory of dismissal, and make it clear the concept and the relationship between freedom and dismissal protection, and analyse dismissal protection mode in USA, UK, France and Germany, Japan and China.In the second chapter, the three dismissal protection factor, including dismissal cause, dismissal procedure and dismissal relief are as the breakthrough point. The paper compared the dismissal protection system in the UK, France, Germany, America, Japan and China from the legislative model to practice process in detail, and focused on the analysis of substantive and procedural requirements and dismissal relief.In the third chapter, the paper is based on the comparative analysis to the above countries on dismissal protection system, and combined with the existing problems of China’s current system, and starts from the three aspects of dismissal system including dismissal cause, procedure and relief to build interest balance between capital and labor, taking construct both beautiful and harmonious labor relations as the goal, and proposed the scientific and effective improvement suggestions.