Research On The Legal System Of Economic Compensation In China

The economic compensation is an economic subsidy that the employer pays to the laborer at one time after the labor contract is suspended or terminated.In the labor legal relationship,the laborer and the employer are in an unequal position,and the laborer is a vulnerable group.The legal system considers that once the worker loses his job,life will face great difficulties.The economic compensation can solve the needs of their living and re-employment.Its fundamental purpose is to protect the legitimate rights and interests of laborers in order to achieve substantive equality between them and employers,thus building a harmonious and stable labor relationship.This paper uses historical analysis,literature analysis,and comparative analysis.Through the analysis of the development process of China’s economic compensation legal system,the relevant provisions of the economic compensation system since China’s reform and opening up have been reviewed,the relevant literature has been sorted out,and the law of the emergence and development of China’s economic compensation legal system has been summarized.The problems existing in the legal system have been analyzed in depth and some solutions are proposed.By comparing the relevant provisions of the country’s representative countries on the economic compensation system with the relevant provisions of China’s current stage,drawing on the reasonable provisions outside the domain suitable for China,we will improve China’s economic compensation legal system.This paper first studies the basic theory of China’s economic compensation legal system,and analyzes the concept and nature of China’s economic compensation system.Then,by combing the legislative status of the economic compensation system of major developed countries outside the country and the legislative evolution of China’s economic compensation system,it is proposed that the economic compensation fund in China has a wide range of applicable economic compensation funds;only a single payment standard for economic compensation;the payment time of and the payment method of the economic compensation are vague;the provisions of the notice cancellation power are too general;the economic compensation fund and the unemployment insurance are unbalanced.Thus the economic compensation legal system needs to be improved.