Study On The Legal System Of Economic Compensation

The legal system of economic compensation has played an important role in China's labor law since its establishment.Under the system of socialist market economy,enterprises are one of the most important subjects,and the development of enterprises is a "weathervane" of national economic development.China's development is entering a new era,and the relationship between enterprises and workers is increasingly complicated.The legal system of economic compensation can only bring into play the value of the system.Conclude in reality of labor relations and remove always happens,active end when unit of choose and employ persons and laborer after labor concerns,its survival interests will suffer some damage,so countries make economic compensation legal system,to safeguard the lawful rights and interests of workers,and to a certain extent,constraints of unit of choose and employ persons is wanton labourers,stable labor relations between the two sides.But looking at outside of the relevant legislation,and carry on comparative analysis to the present legislation in our country,and combining with the system is in the field of judicial and law enforcement practice condition,found in the existing legal system of economic compensation scope is too large,high pay standard problems,thus improving Suggestions to our country legal system of economic compensation,make it more fit with the economic and social development of a new era.This article mainly consists of four parts:The first part elaborates the basic theory of economic compensation legal system.Firstly,through the analysis of the connotation and extension of economic compensation,the concept of economic compensation is summarized.Secondly,it analyzes the characteristics of economic compensation,such as legal,unilateral,limited and punitive and indemnificatory.Again,in view of the academic circles to the nature of the legal system of economic compensation this article discusses and analyzes the different point of view it is concluded that the nature of the legal system of economic compensation should be defined as the employer's obligation to help.The second part reviews the legal system of foreign economic compensation.Firstly,the general situation of the economic compensation system in the UK,Germany,France and Taiwan is elaborated and compared and analyzed in the form of forms;Subsequently,it was remarked that the same thing was that the employer paid economic compensation to the laid-off workers for certain obligations or statutory obligations;At the same time,the payment standard factor and pay limitation is different,the rules of the French and the wages and working life of our country Taiwan area into account,while Britain and Germany in addition to wages and working fixed number of year into account,including age,at the same time set the highest pay limitation,France set minimum pay limitation.The third part summarizes the current situation and existing problems of China's economic compensation system.Firstly,the legislation status of China's economic compensation system is expounded from two aspects: scope of application and payment standard.Then,analyzed the system of judicial and law enforcement in the field of practice,by introducing a survey report on the "labor contract law",the social from all walks of life to the attention of economic compensation is very high,and through the case found that the system exists in the judicial practice related legal provisions are too general cause discretion when unfair phenomenon;In the field of law enforcement,it faces the dilemma of lax law enforcement due to strict legislation;Finally,summarizes the problems existing in the legal system of economic compensation in our country,including the provisions of the applicable scope is broad,and criteria are too principled,payment problem such as high standard and lack of gradation.The fourth part puts forward the suggestion of perfecting the legal system of economic compensation.In draw lessons from other countries and regions on the basis of reasonable regulation of the legal system,combined with the new era of the economic situation,laborer and unit of choose and employ persons the realistic need,put forward to reconstruct the system of suggestion: first,put forward to perfect the system should adhere to the value orientation,namely as a whole the interests of all parties and moderate tilt;Secondly,it is recommended to reduce the scope of application and improve its evaluation criteria.Thirdly,it is suggested to reduce and refine the payment standard;Finally,it is proposed that the adjustment of economic compensation system and unemployment insurance system should be connected.