On The Boundary Of Anti-takeover Clause Of Listed Companies

The labor remuneration interest of a prisoner is the right and benefit that the prisoner of prisoner obtains through the production of labor,and the prisoner himself and the relevant stakeholders should obtain the appearance of the labor remuneration as the carrier.In our country,after years of unremitting efforts,we have basically established a labor remuneration system for prisoners,and strengthened the legal protection of the rights and interests of prisoners.However,from a realistic point of view,the rights of prisoners serving prisoners,including the right to remuneration for labor,still face varying degrees of infringement in practice.In some places,this phenomenon is even more serious."Rights" and "equity" are closely related,but they are different.The labor rights "rights" of prisoners are not limited to prisons in space,and are not limited to prison terms in time.Not limited to serving the prisoner himself.There is no lack of attention and research on the issue of labor remuneration for prisoners in prisons,but there are few studies on the legal relief of prisoners' labor remuneration rights.It is undoubtedly of great significance to pay attention to the relief of the labor compensation rights of prisoners and to explore the ways and means of relief.Fa Yunyun:Without relief,there is no right.According to Article 72 of the Prison Law:Prisoners shall be compensated according to relevant regulations for criminals participating in labor.Criminal law enforcement agencies must act in accordance with the law.The legal remedy for serving the prisoner's labor remuneration rights is based on the provisions of the prison law and is only valid for prisoners who enjoy labor remuneration.Prisoners who are excluded from labor production and destroy the supervision order are not in conformity with the conditions for obtaining labor remuneration,nor can they talk about the legitimacy of relief.The content of this paper mainly includes four parts:The first part defines the labor remuneration rights of prisoners,distinguishes the difference between the labor remuneration rights and labor remuneration rights of prisoners,and clarifies the connotation of prisoner's labor compensation rights.In 1994,the labor remuneration clause was finally written into the Prison Law of China,marking the final establishment of the labor remuneration system for Chinese prisoners.The Ministry of Justice began to reform the low-wage system into a labor remuneration system,and the criminal remuneration rights began to be taken seriously as a basic right of a criminal.The second part discusses the status of the prisoner's labor compensation rights and interests in the practice of prison management in China,and analyzes the performance of the rights violation and its causes.In recent years,in the practice of prison management,there have been some new cases of violation of the labor remuneration rights of prisoners:First,violation of the labor remuneration rights after the prisoners are released from prison.The second is to violate the inheritance rights of the heirs of the prisoner of criminal service.The third is to limit the right of prisoners to use labor compensation.Fourth,the prison department abuses the right to determine the remuneration of labor and the decision-making power of labor remuneration.Fifth,the calculation of labor compensation is wrong.The reason for the above-mentioned problems in the protection of the rights and interests of prisoners of labor is due to various reasons,including the reasons for serving prisoners(internal causes)and other causes(external causes)other than serving prisoners.The third part analyzes the necessity,feasibility and legitimacy of legal remedies for prisoners' labor remuneration rights,and aims to answer the question of why it is necessary to provide legal remedies for prisoners' labor compensation rights.First of all,providing legal remedies for the labor remuneration rights of prisoners is the requirement and embodiment of the construction of legal civilization in China.Secondly,the legal remedies for prisoners'labor remuneration rights can force the prison department to regulate prison management and improve the prison management level in China.Thirdly,the legal remedies for raising prisoners of labor for the benefit of prisoners can effectively protect the legitimate rights and interests of prisoners.Finally,providing legal remedies for the prisoner's labor remuneration rights is a way of legal education for prisoners,which helps to improve the legal quality of prisoners and helps to improve the effect of serving prisoners.The fourth part discusses ways and measures to improve the legal remedies for prisoners'labor compensation rights in prisons,and proposes some of the authors from four aspects:the definition of remedies,the identification of violations,the improvement of legal remedies and the establishment of accountability mechanisms.Thinking and advice.In the practice of prison management in China,there are some practices for the relief of prisoners'rights and interests.For example,prisoners are complaining to the prison investigation department and the supervision department,and they are complaining to the procuratorate's procuratorate,etc.,but the channels are not smooth enough and relatively simple.The legal relief effect is not good and needs to be improved.Specific recommendations include:1.Improve the prisoner's complaints and remedies 2.Improve the prisoner's litigation relief procedures 3.Improve the prison's active relief procedures.4.Establish a relief procedure for the relevant prisoners of prisoners.Today's judicial system is moving from perfecting the system to refining the program.In the process of remedy the rights and interests of sinful labor,on the one hand,prisoners and non-prisoners enjoy the compensation brought by the relief.On the other hand,the prison solved the problem of new labor disputes involving prisoners,and repaired many problems.The embarrassment of the prisoner's labor remuneration system gradually eliminates the various legal risks that may be faced,and the relief of the prisoner's labor remuneration rights and interests has evolved from formal fairness and justice to substantive fairness and justice.