The Legal Regulating Of The End Place Elimination

As a method of performance appraisal,elimination of the last place has been controversial since its birth.Employers like this system very much,but most of the workers hold an exclusive and negative attitude.No matter from the perspective of management or from the perspective of law,this system has caused a lot of controversy.The main power of the dispute covers a wide range of employment organizations,employed workers,labor laws and regulations makers and the majority of labor law scholars.China's economy is in the transition period,and the people's requirements for a better life have also changed qualitatively.As far as the application of the elimination system of the last place in the labor field is concerned,various interest claimants have been playing games.On the one hand,the labor contract law does not support employers to use such a system to terminate contracts with workers.On the other hand,employers and some economists call on employers to Call for legislation should re-examine the management autonomy of employers.From the perspective of current labor law legislation,the last elimination system has not been included.The legal authority interpretation of labor has always held a vague attitude towards the elimination system of the last place.In judicial practice,there is no uniform standard for the application of elimination of the last place.The elimination system of the last place is widely respected by employers,and the legal disputes caused by it are also increasing,which is a thorny practical problem.In order to create a situation in which the interests of both workers and employers are maximized,managers need to use wisdom and improve the comprehensive quality of workers.The introduction of this paper focuses on the origin and development of the last elimination system,and analyzes the legal significance and practical impact of the research on the regulation of "last elimination".I read the relevant literature to analyze the current situation of the legal regulation of the system,and then use a large number of cases to run empirical research to analyze the disputes in the referee.The first chapter explains the basic theory of the system.It mainly analyzes its connotation,different types and the existing forms in the empirical study.This paper analyzes and compares the incompetence of the last elimination and the similar concepts,the significant changes of the objective situation and the serious violation of the rules and regulations of the employing unit.The second chapter discusses the current situation of the legal response to this phenomenon and its internal causes,and analyzes the laws and regulations related to the elimination system of the last place from the labor law,the labor contract law and the eight people's minutes.Combined with specific cases,this paper compares the "elimination of the last place" with relevant concepts,focusing on the comparison with "incompetence" and "chapter of serious violations" so as to analyze the judicial status quo;then,it expounds the reasons behind these legal responses from the legislative and judicial levels.The main worry in legislation is that the concept of "elimination of the last place" is not clear.At the legal level,the attitude towards the elimination of the last place is not clear enough.The current labor legislation is too strict to restrict the employer's right to terminate the labor contract.In the judicial aspect,there are some reasons,such as the weak guiding function of the demonstration cases,the weak awareness of the evidence and prescription of the workers,the long period of the labor dispute cases and so on.In the third chapter,based on the demonstration of the necessity of the last elimination regulation,combined with the current dilemma of the legal regulation of the last elimination in China,some regulatory suggestions are put forward tentatively: first,to protect the workers,establish the concept of "people-oriented,harmonious progress",employers should implement the principle of proportion,change the concept of elimination,optimize the assessment mechanism;second,to improve the end The third is to put forward some judicial regulatory suggestions,including improving and promoting judicial guidance cases,coordinating cooperation,improving the efficiency of labor contract dispute trial,and strengthening the interpretation of judicial documents.The conclusion part summarizes the main ideas and some innovative contents,and looks forward to the legal regulation of the last elimination.At the end of this paper,the shortcomings of the research and the urgent improvements are reviewed.