Research On Legal Issues Of Enterprise Disciplinary Right

The right of punishment is an important part of the right to manage an enterprise,the company punishes workers for disciplinary actions in order to maintain the order of the enterprise and improve the efficiency of operations.Chinese current labor legislation has few provisions on corporate punishment power and the labor legislation is of principle.The autonomy of enterprises in exercising their power to punish is too large,which has led to a large number of disciplinary disputes in practice,which has led to increasing labor conflicts.Therefore,it is necessary to regulate the punishment right of the enterprise from the legal level,and find a balance between guaranteeing the autonomy of business operation and protecting workers.Aiming at the research on the legal problems of corporate punishment power,this article is divided into five parts.The first part is to discuss the basic theory of the right of enterprise punishment.By summarizing the definition of the right of enterprise punishment by different scholars in the academic world,the concept is clarified,that is,in order to ensure the normal labor order of the enterprise and the performance of the obligations of workers,enterprises could violate the workers who violate rules or regulations of the enterprise.And then analyze the legal basis of the right of punishment,the author thinks that the rules and regulations are the most reasonable,it use the rules and regulations as the basis for the enterprises to exercise the right of punishment.Pay attention to the workers’ intentions and add to the disciplinary system,the classification of enterprise disciplinary right is based on different standards.The value of enterprise disciplinary right is discussed from the theoretical and practical aspects.Secondly,this part analyzes the historical evolution of the legal norms of enterprise punishment.It mainly summarizes the legal norms of foreigncountries.On the basis of summarizing the different characteristics of legal norms in each country,the similarities and differences between the two major legal systems are summarized.The general trend in various countries to legally regulate the right of enterprises to discipline is to attach importance to the formulation of internal working rules or regulations of enterprises,to restrict the reasons for implementation of disciplines,specific measures,etc.in substantive laws,and to regulate the procedures accordingly.Thirdly,it’s about the content system of enterprise disciplinary right is elaborated,in order to understand the main content of enterprise disciplinary right.This part does not require analysis of all the content,only the more important part of the content analysis,including disciplinary power,subject of exercise,scope of disciplinary action,setting of disciplinary measures,and rules of procedure for exercise.The fourth part is to sort out the legislative practice of China’s enterprise punishment right,and to explore China’s ideas.There are few provisions in the current legislation on the right to punishment,which has led to constant labor disputes caused by punishment in practice.After that,analyzed the problems in China’s legislation on enterprise punishment right from the perspective of entities and procedures.The entities lacked the principle of exercise,including the reasons for disciplinary actions were not clear,and the disciplinary measures were not restricted.The procedural aspects were mainly the formulation of corporate rules the procedures for standardization and punishment are lacking,the union has not played its role of supervision and relief,and the relief channels are not clear.Finally,this part analyzes the problems existing in China’s punishment right legislation,and draws on suggestions based on foreign experience and the actual situation in China.In terms of substance,it is to clarify the principle of the right to punish,to define the scope of punishment,Regulating disciplinary measures,the procedural rules are to standardize the procedures for the establishment of corporate rules and regulations,to clarify the specific procedures for enterprises to exercise disciplinary power,to improve the supervision mechanism of trade unions,and to unblock labor rights.