Research On The Legal System Of Enterprise Disciplinary

In 2008,"Staff Awards and Punitive Regulations for Enterprises" was abolished,but there is no relevant content in the existing labor law system about the enterprise disciplinary system.Enterprise's disciplinary is to ensure that the production and business order,while the employee's rights are inseparable.The present labor legislation has not made any stipulations on disciplinary,so the risk of abuse of disciplinary greatly increased.It has been an emergency problem need to be solved in the construction of labor law system,to establish the legal system of China's enterprise disciplinary.By summing up of theories,the article considers that the core of enterprise discipline is to balance the interests of both employers and employees,and maintain the stability of labor relations,by punish the wrong behavior which did by employees.Because the enterprise disciplinary has roles of limit,stability,education.It has become an important means of enterprise management and adjustment of labor relations.The content of corporate discipline Including reasons,measures,procedures,supervision and relief.By comparing the relationship between enterprise discipline and related concepts,we draw a conclusion that the enterprise discipline system is an independent system.Compared with the theory of order penalty and the theory of contract penalty,the management theory of Soft law can be better applied to guide the practice of enterprise discipline.However,through combing the situation of the Legal System of China's enterprise disciplinary.We found that the present labor legislation has not made any stipulations on disciplinary dismissal except for disciplinary dismissal.In view of the current situation of the legal system of China's enterprises discipline,we summed up the problems of legal system of China's enterprise disciplinary.It includes fourth aspects which are missing entity norms and specific procedures;lack of effective supervision;difficult for labor relief.It is necessary for us to learn relatively mature experience of Legislative practice and Judicial Practice,which has been internationally advanced.In the field of statute law,Germany,Japan,France which are the Civil law countries,are at the forefront in terms of regulations about enterprise disciplinary content,procedures,supervision.In the field of Case Law area,The United States and Britain which are common law countries,also at the forefront in the terms of enterprise disciplinary content,procedures,dispute handling.They are both worth for China to learn in terms of select mode of enterprise discipline,interest tendency,procedural regulation,and supervise relief.At last,this article against the problems of the Legal System of China's enterprise disciplinary,put forward targeted improvement measures,which include the area of entity,program,supervised relief issues.In the area of entity aspects,the measures are create the principle of enterprise discipline,disciplinary matter insist on the standard of employee obligations,disciplinary measures should establish a hierarchical system.In the area of disciplinary procedures,the measures are set up and improve the establishment and implementation of enterprise disciplinary procedures,to guarantee the effective restrictions of the enterprise discipline.In the area of supervision of relief,we should set up set up a whole process supervision and relief system.