A Discussion About The Regulation On The Exercise Of Enterprise's Disciplinary Right

The relationship between the enterprise and its labors mostly presents as the role of managing and being managed. During the course of laboring, enterprises always make disciplinary procedures to regulate the labor behavior, and punish the labor who breach the procedures accordingly. In this process of disciplinary punishment, a series of problems will be caused, such as whether the enterprise have the right to make and execute the disciplinary procedures? It supposed to be explained as power or right? Is it necessary to affirm enterprise's disciplinary right? What's the meaning by doing this and how broad the shield should be? The answer to these questions which is vital to both enterprise and its labors, is the key point of the researching on this paper. In order to express the theme better, the structure and the content of the full paper is as follows:The first part, the study focus on the ontological problem of enterprise's disciplinary right. The paper starts from the right's connotation explanation, based on which we hold discussion on the essence and the source of the right, thus storing up the relevant fundamental knowledge and establishing the fundamental key of the whole paper. As to the qualitative analysis of enterprise's disciplinary right, this paper starts from the point of jurisprudence,constitutional law and labour law, in which we distinguish power and right, construct and extend corporation's constitutional right, and confirm the core position of the labor contract. in addition, theory about the source of the right are classified as three core elements: agreement, status, and function, which serve as a springboard for discussions and further analysis.The second part, by reflecting and summarizing the labor punishment course, it be noticed that due to the deficiency of the theory discussion and legal regulation,a lot of problems occurs, such as the identification and the source of the right is unclear, the abuse of the right is difficult to measure, the judiciary intervention has little space to play the role, etc. All these problems make legal regulation urgent to be act and also extend multi-layer social meaning. After comparing the different regulation idea and pattern about enterprise's punishment right in Germany, France and Japan, combining national condition and the theory decided, the essay develops the mixed regulation path combining authorized and centralized-supervision ways.The third part mainly concerns the substantive regulation of the enterprise's disciplinary right, among which fundamental concept, such as proportion principle,duplicate punishment prohibited principle, the basic human right of labors safeguard principle,and progressive punishment principle, takes the role of leading. Instead of listing or limiting the area of punishment cause and means, it turns to construct scientific cause model and carry on discussion on specific means, in case to prop up the principles application and meanwhile solve the confusion in reality.The last part, the study make procedure design for the exercise of the enterprise's punish right, and mainly use France's strict procedure as reference. The relevant discussion spread out around the rationality of the procedure tenets and the analysis of their adoptability in our country. this part starts from the specification of the subject who exercise enterprise's punishment right, and then set the process such as fact-finding, face-to face talk strictly.