The Study Of Punitive Damages System Of Labor Law

Punitive damages system has been accumulated,developed and perfected for hundreds of years,and has been gradually accepted and applied by more and more countries and regions.The purpose and unique function of the punitive damages system determine its indispensable status in the legal system.The punitive compensation system of tort law and contract law mainly exists in two major areas,this paper is unique,the research direction is the system of punitive damages in the labor law.Through the study,determine the significance of the system of punitive damages in the labor law,analysis of the existing legislation and practice of punitive compensation system of our country labor law in question,and put forward the suggestions and ideas to improve the system.In addition to the introduction and conclusion,this paper is divided into three parts:The first part briefly introduces the origin and development of punitive damages system,the concept,characteristics,analysis of punitive damages and economic compensation,breach of contract,the spirit of solarium,from the function and purpose of punishment and compensation system and the social character of labor law describes the significance of Introducing Punitive Damages in the labor law.The second part of the paper,the development of China’s labor law of punitive damages system in the legislative status,the existing problems of the system and shortcomings,including the system of punitive damages in the labor law,the theoretical basis and practical experience is still shallow;the scope of compensation is not related to workers’ lives and health damage;to have not signed a written labor act imposed two times the wage compensation liability;pre procedure labor administrative department shall order the increase of labor rights burden;the amount of punitive damages and the design of the single stiffness,punitive damages,economic compensation,breach of the relationship between the three competing problems etc..The third part assumptions on perfecting the punitive compensation system in our country in the field of labor law,labor law,including the construction of punitive compensation system in the framework,clear constitutions,expand the punitive damages system applicable scope,limit two times salary compensation system for public relief and private relief,the integration and optimization of the amount of punitive damages,punitive damages gold,economic compensation,penalty concurrence etc..