权利倾斜性配置视角下我国劳动合同解除制度分析-analysis of chinas labor contract rescission system from the perspective of right - inclined disposition.docxVIP

AbstractRescission of labor contract in China is a system of preferential allocation of rights. It is divided into rescission of a labor contract by agreement, rescission of a labor contract on labors laborunilateral will,and relief system employing unit limits.The the Labor Contract Termination System attempt to get the such incentive effect through the favorable allocation of legal rights:The stability of the employer occupation, Alleviate employment pressure and the employing units compensate workers for unemployment economic loss through the system of economic compensation. But.as the employing units who lose there interests to make reaction, workers who have Strong negotiation skills have moral risk,leading to unemployment of the marginal workers, And even induce the employer layoffs storm.Fundamentally，the lack of systematic analysis on the favorable allocation oflegal rights in the labor contract termination system lead to its itmotivation dilemma. Theory on the favorable allocation of legal rights is the most important Theoretical support of tilt legislation, include three aspects: tilt legislation, Protection of weak groups, the government responsibility. The reserch of tilt legislation is particularly important ,we should conside such five factors:the range legal protection object; the degree of inequality; ethical risk of the legal protection object; the behavior of the restricted object; potential benefits damaged object. To be specific.its mainly in the following reasons:firstly, the range of legal protection object is too lather sweeping.In determining tilt protection object in the labor contract Termination System, should be first determined the essence of the laborer from whole, works with strong ability should not be regarded as tilt protection object.then, make a division of benefit protection object based on the their labor ability.Second, the lack of economic analysis.opinions of enterprise have been ignored. Workers were lack of voice.and legisl