Research On The Legal Regulation Of The Right To Discipline In China

In order to maintain the internal labor order of the employing unit,the unit usually clearly stipulates the disciplinary matters of the laborer in the labor rules and regulations within the unit,once the laborer appears to violate the labor discipline,The unit of choose and employ persons can carry out internal disciplinary measures.The Regulations on the Rewards and Punishments of Employees of Enterprises,which was abolished by the State Council in 2008,have the most detailed description of the disciplinary punishment provisions within the unit.Since then,no laws and regulations have more comprehensive provisions on this disciplinary content,only in China’s Labor Law,Labor contract Law and some judicial interpretations can find some provisions related to it,mainly including the formulation of rules and regulations and employers disciplinary dismissal of the two legal provisions.Although considering the variety of employers in practice,the law can not and should not formulate a unified disciplinary punishment system for employers of different types or sizes,it does not mean that the disciplinary power can not be regulated.After all,the current legislation is not perfect and is widely used in practice,which will inevitably produce a series of problems.Therefore,how to effectively regulate the disciplinary power of employers,so that they can not only regulate the disciplinary behavior of different employers without harming their autonomy in employment has become the main problem in this paper.In addition to the introduction of the first part and the conclusion of the sixth part,the main content can be divided into four parts.The first part is to make a detailed exposition of the basic theory of discipline,from the concept of discipline,the right to discipline to the different theories of the legal nature of the employer’s right to discipline and put forward their own opinions.The second part is through combing the relevant contents of the disciplinary system in the current laws,regulations and rules of our country,it mainly focuses on the provisions of labor discipline involved in the formulation of rules and regulations,the provisions of disciplinary dismissal of employers and the restrictions on economic punishment within units in local legislation.The third part is to sort out the mature experience of Germany,France and Japan in regulating the disciplinary right of employing units in Mainland law system,and express some suggestions from the selection of disciplinary mode,entity and procedure,legislation and practice,and supervision and relief specialization.The fourth part is based on the authorized legislative model of disciplinary power.On the one hand,it standardizes the principles that employers should follow in exercising discipline,clarifies the reasons for the exercise of disciplinary power and limits the types of disciplinary measures.On the other hand,the exercise procedure of disciplinary power and the final disciplinary supervision and relief mechanism are improved.In order to protect the legitimate rights and interests of disciplined workers through the consideration of the above contents.