The Research On Labor-capital Right Balanced In China's Labor Contract Release System

Labor relations are the most important and basic elements in social relations.The stability of Labor relations is not only related to the interests of employee and employers,but also to national economic development and social harmony.The discharge of Labor Contract means terminating a Labor relation,related to respective benefits.Termination of Labor means after the employee and employer established labor relations according to the principle of autonomy,some factors leads to early terminate the labor contract before the performance of the Labor Contract is not yet finished.This paper mainly discusses the unilateral termination of the Labor Contract termination system.The Lobor contact unilaterally terminate mode is divided into laborer unilaterally terminate and employer unilaterally terminate.It safegurd the employer's right of independent use of worker and the right of workers to choose their own jobs.The unilateral termination of Labor Contract system is conducive to optimizing the allocation of labor resources,harmonizing the relationship between the two parties to the Labor Contract,and ensuring and promoting the development of the economy.However,if the employer or the employee misuses the unilateral termination right,it may cause damage to the labor right of the employee,the right to subsistence or affect the production management rights of the employers and other adverse consequences,and even affect the stable development of the economy.Therefore,on the one hand,it is necessary to grant both parties a reasonable unilateral termination right.On the other hand,it is necessary to establish restrictions and regulations to guide labor and capital paries to properly exercise unilateral termination right.Since the tenth anniversary of the implementation of the Labor Contract Law,it is not hard to find that there are still some defects in the labor contract termination system after the practial test.This paper mainly discusses the Labor Contract Termmination System from five parts in order to provide some suggestions for the revision of the Labor Contact lae in the future.The first part is the introduction,which mainly introduces the background,purpose and the main research content and methods of this paper.The second part mainly introduces the basic theory of Labor Contract termination,and emphatically analyzes the design concept and principle of Labor Contract termination system.The third part mainly analysis employer unilaterally terminate the labor cintract system or employee unilaterally terminate the labor cintract system lead to imbalance of interests,and from this two aspects to discusses the stipulations of the Labor Contract Law on the unilateral termination of labor contract,which highlight the imbalance of interests.The fourth part,from two cases in the judicial practice,analyzes the imbalance of interests prominented in the judicial practice because of the unilateral termination of employees and unilateral termination of employers.The fifth part mainly think about how to modify the Labor Contract Law to balance the interests of employee and employer and in the judicial practive,how to grasp the referee scale balance interests of both sides of employee and employer,from the comparative analysis of national legislation situation.