A Study On The Types Of Judicial Cases Of Employer’s Right Of Punishment

With the abolition of the Regulations on Rewards and Punishments for Enterprise Employees promulgated in 1982,only the relevant provisions of disciplinary dismissal are retained in the current legislation,and almost no other aspects of the exercise of the disciplinary power of employers are involved.The employer’s disciplinary power is closely related to the workers’ rights and interests.On the one hand,the abuse of the employer’s disciplinary power will infringe upon the labourers’ rights and interests;on the other hand,only by maintaining the business order of the enterprise through the enterprise’s disciplinary power can the enterprise carry out production normally and the wage benefit of the workers can be guaranteed.In judicial practice,there are many labor disputes due to the abuse of employer’s disciplinary power.From the result of the judgment,the judge’s examination of the legality and rationality of the employer’s disciplinary power,and the determination of the employer’s disciplinary cause and disciplinary means all show different results.Similar cases in employer disciplinary disputes have not reached a similar verdict,that is,the phenomenon of "different judgments in similar cases",which has seriously affected the authority of labor dispute judges and made employers and workers more at a loss as to what to do.In recent years,the Supreme People’s Court and local people’s courts at all levels have actively explored and continuously reformed and improved the mechanism of trial operation,supervision and management,and achieved remarkable results in promoting the unified application of the law.At the convening of the Third Plenary Session of the 13th CPC Central Committee in 2015,the goal of the reform of the judicial responsibility system was put forward for the first time,which opened the prelude to the reform of the judicial responsibility system.The reform of the judicial responsibility system follows the judicial law,respects the personal experience of the judicial trial,and returns the independent judicial power to the judges.The initial achievement of the reform of the judicial responsibility system lies in the reform of the examination and approval system of the court and the president of the court,but the decentralized exercise of judicial power increases the risk of different standards of adjudication of similar cases and aggravates the phenomenon of different judgments of similar cases.There are many reasons for different judgments in employer disciplinary cases,in addition to the lack of judicial basis caused by imperfect legislation,cognitive differences among judges and local judicial differences also affect the adjudication results of such cases to varying degrees.Under the background of the reform of judicial responsibility system,how to unify judicial standards,standardizejudges’ discretion and avoid the occurrence of "different judgments in similar cases" has become an urgent problem to be solved.This paper intends to make a typed analysis of the reasons for different judgments in employer disciplinary cases,in order to explore the path of unifying the judgment scale of employer disciplinary cases under the system design of judicial responsibility system.