Research On The Legal Relief Of Illegal Dismissal In China

In today’s economic background,the problems in the field of labor relations are becoming more and more complex,labor disputes are increasing,and the imbalance of advantages between employers and workers is essentially a problem of choosing legal value between the right of independent management of employers and the right of employment of workers.In the dismissal protection system,the problem of legal relief for workers who are illegally dismissed by employers cannot be ignored.How to arrange the system of relief for illegal dismissal is of great importance to the protection of the legitimate rights and interests of workers.About the content of the illegal dismissal remedy,and the main regulation in Labor Law of the People’s Republic of China,Labor Contract Law of PRC and relevant judicial explanation and judicial file,but in view of the firing of illegal problems existing in the process,and continue to perform the relief way whether reasonable economic compensation and the union with the question of whether or not to play a role of the labour administrative department,there is still controversy on theory and practice.This paper mainly includes five parts.The first part is the introduction,this part explains the background of this topic,expounds the research purpose and significance of this topic,introduces the research status of this topic at home and abroad,mainly uses normative analysis method and comparative research method of legal research methods for analysis,and summarizes the main content of this paper.The second part introduces the basic theory of legal relief for illegal dismissal,to define the concept of "illegal dismissal",analyzes the factors of illegal dismissal,from basic human rights protection theory and the theory of honesty and credit,laborer tilt protection theory three aspects prove illegal dismissal of workers’ rights should be relief theory basis.The third part introduces the current situation and existing problems of legal relief of illegal dismissal in China.The current situation of the legal relief for illegal dismissal of legislation of our country and judicial status,analysis of the problems existing in the legal relief for illegal dismissal in China,including illegal fired the applicable situation existence insufficiency,the illegal dismissal of applicable procedures imperfect legal relief way,illegal fired a single and illegal to fire a third party in the legal relief auxiliary has limitations.The fourth part introduces the legal relief system of illegal dismissal in Germany,the United States and France,summarizes and analyzes the legal provisions of illegal dismissal,procedures of illegal dismissal,ways of relief and legal responsibilities,and summarizes the enlightenment.The fifth part aimed at the problems existing in the legal relief for illegal dismissal in China put forward relevant Suggestions,mainly from the applicable situation of perfecting our country’s illegal dismissal,perfecting the illegal dismissal of applicable procedures,refined,illegal dismissal of the content of legal relief way,strengthen the legal relief for illegal dismissal of the auxiliary function of third party four aspects to elaborate.