Research On The Legal System Of Dismissal Restriction

"Strong capital,weak labor" is the starting point of labor law research,the inclined protection of workers naturally become labor legislation to balance the rights and obligations of both sides of labor.But along with our country "labor contract law" on the "labor law" "expansion without fixed","waste" and remove "tight" reform,our labor legislation restrictions on the right of rescission integration of unit of choose and employ persons more strictly,to unit of choose and employ persons removes the labor relationship is carried out on the main content of the legal reason terminate enumerated type of compression for the parties to terminate the labor relationship negotiation autonomy space,at the same time remove system,non-fixed term contract during the probation period on the system and the system of economic compensation is also increased the limit of unit of choose and employ persons.Such excessive regulation and restriction of autonomy over the cancellation of the right to increase the burden on the employer,resulting in the increase of labor costs,and to a certain extent destroyed the mobility of labor relations.Behind the limitation on the right of unit of choose and employ persons remove reflects the depth of the tilted right configuration,our labor legislation of laborers excessive ruinous to protect the interests of the laborer and employer and imbalance of power,considering the level of development of market economy in our country,labor legislation of our country should be fundamentally strong social justice and economic benefits.This paper is intended to deeply dissect the lifting right restriction system,analyze the current situation and problems of the lifting right restriction system in China,find out the defects of the lifting right restriction system in China,make a more accurate evaluation and analysis of the lifting right restriction system in China based on the comparison of the lifting right restriction system in other countries,and put forward reasonable Suggestions for improvement.