Research On The Legal System Of Dismissal Restriction

The establishment and perfection of any system is very complicated,the employer dismissal protection system is no exception,in its development process,multiple viewpoints are intertwined,between the interests of different social groups against each other,which shows far beyond the system itself social ideas through the dismissal protection system,the national labor legislation gave workers more rights,legislative days to tilt to the protection of workers' direction,so that the natural contradiction between employers and employment rights and the right of labor to achieve a balance of rights,to achieve national special protection in the system of workers this is a vulnerable group.Since the last century,a category of labor law as the most important method of social development has been made,fired theory also will continue to evolve,there laid free theory;prohibit the abuse of dismissal right doctrine and legitimate reason doctrine.The majority of countries began to workers to be protection system on the use of social legislation.The employer hiring and firing proposed more stringent requirements on the public law.Reasonable limit the employer's dismissal,not only reflects the national preferential protection for workers,but also reflects the state in dealing with social problems of the value orientation,namely when the conflict between the justice and efficiency of freedom,what kind of value will be priority protection and how to balance the relationship between the two values.This paper is divided into four parts.The first part is an overview of the restriction on firing system,the author respectively from its definition,basic theory and the conflict of rights restriction on firing system from such three aspects are analyzed.The second part in the United States,Britain,Germany,for example,the outside unit of choose and employ persons to fire power restriction system carries on the analysis and evaluation.In the third part,the author discusses the system of the employer's dismissal right in China,and analyzes its shortcomings.Based on the analysis of the defects of the system of right of unit of choose and employ persons to fire restrictions in China,the combination of extraterritorial legislation practice,this paper,the fourth part puts forward to perfect oursystem of unit of choose and employ persons to fire power limit of legal advice,there are mainly restricted firing conditions,both sides of labor and capital,respectively,set development,improve the system of our country's compensation for unlawful dismissal,and diversified relief channels.