The Article That Laborer "Be Investigated For Criminal Responsibility" Applies Perplexity To Solve

China "labor law" and "labor contract law" provide that the employer has the right to unilaterally terminate the contract with the employee who is investigated for criminal responsibility,and does not need to pay the corresponding compensation.This regulation is very important for the employer to punish the employees of the unit with relevant problems,protect the interests of the unit from infringement,maintain the normal operation of the enterprise and establish a good social image.However,many problems are exposed in the specific application of the regulations.Due to the overly simple expression of this provision,the enterprise can terminate the contract with the employee once the criminal punishment is imposed on the worker who is investigated for criminal responsibility by the judicial organ,regardless of the punishment type,subjective aspect of the crime,whether there is a justifiable reason and other circumstances.And in judicatory trial case,because the legislation has not made clear provision to the time limit of unit of choose and employ persons to exercise unilateral immediate discharge right,cause judgement result is disparate."Labor law" and "labor contract law" to make such a simple provision for this problem,first of all,are in violation of the constitution in the legislation on labor rights and the relevant provisions of criminal legislation,next to the judicial practice to correctly judge the referee caused great confusion,and finally to some extent deprivation or restriction of laborer labor rights,causing their reemployment and basic family life difficult,and even threaten the social harmony and stability,especially for the laborer has been sentenced to punishment,is not conducive to the crime after the transformation,and even will improve the crime again.The above problems,the author of this paper,based on the "labor law" and "labor contract law" and the relevant provisions of the legislative spirit,and put forward reasonable advice in the following aspects: one is to strengthen the legal interpretation work,about laborer "be shall be investigated for criminal responsibility according to law" in accordance with the constitution of our country and the provisions of the criminal law protects citizens’ labor rights,for the laborers "policy should be investigated for criminal responsibility" conforms to the fundamental value of the criminal law legislation,workers should pay attention to the crime situation,combined with its crime not to arbitrarily expel the decision of laborers.2 it is to unify the judicial referee standard,the first thing to do is to set reasonable to restrict during the exercise of the right of unit of choose and employ persons removes one instant,prevent the use of the worker be shall be investigated for criminal responsibilities by unit of choose and employ persons become long time that have the reason,in order to maintain the balance between the laborer and unit of choose and employ persons,is conducive to ensuring harmonious and stable labor relations exist for a long time.Third,we should improve the channels for the workers who are investigated for criminal responsibility to appeal and set up the hearing system,enhance the independence of the trade union,so that it can effectively protect the workers.The last is the introduction of the proportion principle in the administrative law,the unit of choose and employ persons to be investigated for criminal responsibility of the laborers to punishment,shall abide by the principle of proportion,the relevant provisions of the both to the destruction of the normal order of production and operation of the laborers to reasonable and appropriate punishment,also can prevent enterprise for the law to be applicable,any damage to the lawful rights and interests of workers.Through the above Suggestions,to strengthen the protection of workers who are investigated for criminal responsibility,is conducive to the protection of labor rights and obligations from infringement,to maintain the internal stability of the enterprise labor relations,for the development of our country’s economy to provide a more fair,more guided "labor law" protection.