The Research On The System Of Punitive Damages In The Labor Law Of China

The system of punitive damages in the labor law is to compensatory damages based on the legitimate rights and interests of illegal violations of workers the employer in addition to the actual loss compensation for the injured workers, also need to take some extra compensation, so as to realize a system of illegal acts in punishing and deterring violations occur again. In this paper, according to the general principle of punitive compensation system as the starting point and combining the provisions on the punitive compensation system of the main countries in the labor law, the provisions on punitive compensation system of labor law in China and the lack of The analysis, and put forward some proposals to perfect the system of punitive damages in the labor law in our country, hoping to be beneficial to the improvement and development of the system of punitive damages in China’s labor law.In this paper, the research on the system of punitive damages in the labor law of our country is divided into four parts.The first part, the basic theory of the system of punitive damages in the labor law. First, starting from the general theory of punitive compensation system, and then combined with the countries of Anglo American law system on the research on the system of punitive damages on punitive damages system in China and scholars that the punitive compensation system the meaning of labor law. Then, it carries on the introduction to the the system from the theory of labor law. Finally, discusses the rationality of our country the introduction of the system in the labor law has.In the second part, on Foreign Labor Law Commentary of punitive damages system. This part adopts the method of comparative analysis, respectively on the major countries of foreign labor law provisions on the system were analysis and evaluation, for the proposed to improve China’s labor law of punitive compensation system and provides the experience.The third part, about the punitive damages system of our country labor law and shortcomings. This part focuses on the scope of the provisions on punitive compensation system of the labor law of our country, the applicable conditions of imputation and the mentioned methods were studied. From the perspective of safeguarding the legitimate rights and interests of workers and give full play to the function of the punitive damages system perspective about the punitive damages system of our country labor law there are still some problems, mainly including the applicable scope of punitive damages is narrow, there is no clear provisions in the law of the imputation principle, determine the amount of compensation for the pre procedure and the unreasonable treatment of the labor administrative department increased the punitive compensation system program burden.The fourth part, the perfection of the punitive damages system in labor law of the people’s Republic of China. In this paper, by some analysis and research, think to perfection of punitive damages system in the labor law of the people’s Republic of China, the need to expand the scope of application of punitive damages system in labor law of the people’s Republic of China, to improve determine the ownership of the provisions of punitive damages and compensation and need to clear of workers punitive damages of the right of recourse.