A Research On Legal Regulation Of Proper Dismissal In China

The Japanese scholar Susumu Noda thinks of the dismissal system as the axis of labor law,and the normal operation and direction of the labor law were determined by the material and shape of the axis.In other words,the functioning of a country's L abour laws is largely determined by the dismissal system.The national evaluation of th e dismissal system is to see whether the system can protect labor relations well.There is a certain subordination in the labor relations,it is different from the equality betw een civil main body,employers tend to use their dominant position fire employees wit hout legitimate reason,the legitimate rights and interests of employees is not expected to achieve the protection of the law.Meanwhile,the employer of the illegal cost is lo w,the existing judicial practice sentence continue to perform the labor contract executi on effect did not come up to expectations,it is not about "labor law" tilt protection l egislation idea.Based on this,through the United States,Britain,Germany,France,Jap an's improper dismissal laws to limit mechanism is introduced,and according to the a ctual state of legislation in the improper dismissal legal restriction mechanism,judicial status and the existing shortcomings,puts forward pointed suggestions.This paper is divided into five parts:The first part mainly introduces three typical cases,through the case analysis,on the basis of the existing legal system,present some questions: what is the reference fa ctors continue to perform the labor contract,and whether economic compensation can cover workers if the improper behavior happened;The second part first,expounds the principle of improper firing rules,combined with the existing academic point of view,summed up the definition of improper dismi ssal,and on the basis of the definition,summarizes the types of improper dismissal;Se condly,the concept comparison between improper firing,illegal dismissal and economic redundancy is carried out to analyze the differences.Thirdly,analyze the legal liability of improper dismissal;The third part is the introduction to foreign legal system of improper dismissal,mainly the United States,Britain,Germany,France,Japan,through the introduction an d analysis,find the existing improper firing experience and merit of the legal system,to perfect our legal system of improper dismissal;The fourth part is to summarize improperly fired the actuality and restriction mec hanism in our country,the status quo status mainly from the legislative and judicial st atus quo analysis,and combined with the introduction of the third part,put forward t he existing improper firing the lack of restriction mechanism in our country: improper dismissal as "excessive" and "inadequate",the unreasonable parts of the legal respons ibility;The fifth part is the improvement suggestion of the improper discharge restriction mechanism in China.The specific contents include: the leniency of the unqualified dis missal,the conception of the protection of the collective labor relations in the imprope r dismissal,and the improvement of the relief contents in the improper dismissal.