The Legal Regulation Of The Disciplinary Right Of Employer

China in the planned economy period, has initially established the enterprise staff reward and punishment system."Regulations on Enterprise Employees' Rewards and Punishments" stipulate that the enterprise has the right to punish the laborers who violate the law or the illegal labor discipline and clearly stipulates the exercise reason,means and procedure of disciplinary right. For a long time, China's employing units are to "Regulations on Enterprise Employees' Rewards and Punishments"as the basis for the punishment of workers. On January 15, 2008, the "Regulations on Enterprise Employees' Rewards and Punishments" were abolished. After that,most of the relevant content about the disciplinary power of the employer has no legal provisions,only a small part of which is scattered in the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China. From the current domestic legislation, the law gives employers the right to formulate labor rules and regulations and labor discipline, which in the maintenance of the employer's normal labor order has played a positive role. However, the legislation does not explicitly explain the exercise of the right of disciplinary power of the employer's legitimacy. At present, the research on the theory of disciplinary power of employing units is not enough, the current legislation is imperfect, but in practice it is widely used, which will inevitably produce a series of problems. In this paper, based on the existing research results, combined with the reality of China and the situation of domestic and foreign legislation, put forward their own proposals, hoping to provide a point of thinking for the study of this issue. This paper is divided into three parts to discuss the issues related to the disciplinary power of the employer.The first part of the unit of the right to punish the jurisprudence analysis.In this part, firstly, it defines the disciplinary power of the employer, analyzes its concept and analyzes the difference between the disciplinary power of the employer and the administrative punishment right, and analyzes the nature of the employer 's disciplinary power and the necessity of the disciplinary power of the employing unit.The second part of our country the right to use the unit to punish the legislative situation and the legal system of the shortcomings.This part mainly analyzes the present situation of the legislation of the punitive power of the employing units in our country and the existing problems of the legal regulation of the punitive power of the employing units in our country at present.The third part is about perfecting the legal regulation of the punitive power of the employer. This part gives concrete suggestions on how to regulate the punitive power of the employer in China from the aspects of the principles, reasons, means,procedures and legal supervision and remedy ways.