Research On The Defects And Perfection Of Labor Contract Economic Compensation System In China

The labor contract economic compensation system has been an important part of the field of labor legislation since its establishment and has played an extremely important role.With the continuous development of information technology and the continuous development of Internet technology,the employment relationship(the main relationship formed between enterprises and workers)has become more complicated and the forms of employment have become more diverse.Under such a social background,if a labor contract wants to maximize its social role and social value,it is necessary to balance the interests of both labor and employment entities.The original intention of the legislator to formulate an economic compensation system for labor contracts was to protect laborers ’rights and interests from being infringed due to a weak position in the labor relationship,and the purpose was to change the phenomenon of short-term labor contracts and to restrict employers’ wanton dismissal To establish a more stable social relationship between employers and employees and provide legal and institutional support for the construction of a harmonious society.However,by reviewing and analyzing the judicial practice of this system in China,it is not difficult to see that the domestic labor contract economic compensation system currently established and implemented still has problems such as too wide application scope and high payment standards.Based on this,along with the continuous development of the social economy,the labor contract economic compensation system should also keep improving with the times to make it more in line with the current social development needs and better balance the relationship between the labor subject and the employment subject.The full text has four parts,specifically:The first part explains the basic theory.Firstly,the economic compensation system was analyzed in depth from the two levels of connotation and extension,and the theoretical definition of the economic compensation system was comprehensively reviewed and summarized;then,the main characteristics of the economic compensation system were analyzed and their It is summarized into three types,namely guarantee,statutory and unidirectional.Finally,in the view of different scholars,the economic compensation has different connotations and properties.Through in-depth analysis of these different views,the nature of the economic compensation is defined as the main obligation of the employer to help the laborers in accordance with the law.The comprehensive nature of the combination of the nature of social security and the nature of labor contribution compensation.The second part analyzes the current status of the implementation of the economic compensation system in China and summarizes the main problems.First,it analyzes China’s current legislative status from the scope of application and payment standards,and then analyzes the judicial practice of this system.Finally,it summarizes the main problems in the current legislation.In the process of analyzing the status quo of legislation,relevant social investigation reports were introduced,and judicial cases were used to illustrate the judicial operation of the system because the legislation was too general,causing judges to enjoy a high degree of discretion,which ultimately led to judicial injustice.In view of the existing problems in the legislative status quo,it can be summarized as such that the scope of application is too wide,the judging criteria are too principled,the set payment standards are not hierarchical and the overall is too high.The third part is to evaluate and analyze the legislation of the economic compensation system in various countries in the world and Taiwan in China.First,it analyzes the overall legislation of the countries in the world and China ’s Taiwan region in terms of economic compensation.For visual presentation,it uses table comparisons and descriptions with the help of pictures.On this basis,the legislation of major countries(regions),such as Germany,Britain,The economic compensation system promulgated and implemented by the three countries of France and China ’s Taiwan region,compare their common points,analyze their differences and have reference significance for the improvement of China ’s systemThe fourth part gives corresponding opinions and suggestions on the current status of China’s legislation to optimize economic compensation.Through analysis of the legislation of other countries and regions,combined with China’s judicial practice,fully considering the development trend of the times and the economic development situation,based on the objective situation of the current labor relationship,the optimization and reconstruction of the legal system of economic compensation,there are four suggestions : Recommendation one: Make clear that the basic value orientation of the system when it is perfected and optimized is benefit coordination and appropriate care;recommendation two: reduce the scope of application and optimize the evaluation criteria;recommendation three,further optimize the payment standard,you need to consider whether Lower relevant standards;Recommendation four,link the economic compensation system and the unemployment insurance system together,and consider the relevant systems as a whole.