Research On The Legal Regulation Of Corporate Disciplinary Powers In My Country

As a means of enterprise management,the power of punishment is widely used in practice.Since the abolition of the "regulations on rewards and punishments for enterprise employees" in 2008,the legal regulation on the exercise of punishment power by enterprises has been in a state of absence,resulting in the abuse of punishment power by enterprises in practice.It is of positive significance for both enterprises and laborers to construct the legal system of enterprise punishment in line with China's national conditions.This paper focuses on the legal regulation of the exercise of disciplinary power in China's enterprises from the following four parts:Firstly,the theoretical basis of corporate disciplinary power is discussed.By summarizing the concept and nature of the power of corporate punishment,the concept of the power of corporate punishment is clarified.In order to maintain the internal production order,enterprises should punish the laborers' accountable behavior,and the laborers should bear the adverse consequences.The independence and particularity of corporate disciplinary power are determined by comparing the relationship between corporate disciplinary power and other systems.Secondly,the author analyzes the problems in the practice and legal regulation of the punishment power of enterprises in China.In practice,through the integration of judicial precedents,it is concluded that there are unreasonable reasons,inappropriate degrees and irregular procedures for enterprises to exercise the power of punishment.In terms of legal regulation,there is a lack of legislation,which also leads to the judicatory contradictory situation.Thirdly,it expounds the current situation of legal regulation of corporate punishment in Germany,France and Italy.Combined with China's current national conditions,the author puts forward some Suggestions for reference.,from the punishment legal system entity content,the legal procedure,the supervision system three aspects.Finally,the author puts forward some Suggestions to improve the legal regulation of corporate disciplinary power in China to promote the harmonious development of labor relations.Firstly,we should divide the boundary of the right of punishment between the state and enterprises,and make a framework restriction on the right of punishment by the state.Enterprises have appropriate space under the bottom line and ceiling laid down by the state.Secondly,it is necessary to determine the substantive content of the enterprise punishment legal system,establish the basic principles of the enterprise punishment system,and clarify the legal reasons for punishment and the types of punishment measures.Thirdly,we should standardize the necessary procedures for exercising the right of punishment in enterprises,try our best to maintain the neutrality of the subject of punishment,protect the right of statement and defense of workers,and increase the legal procedures for exercising the right of punishment.Finally,we should improve the relief ways for workers,establish administrative supervision relief system,improve judicial relief mechanism,and increase the collateral review system for enterprise labor regulations.