劳动法视野下惩罚性赔偿制度探究

发布时间：2018-06-20 14:14

本文选题：惩罚性赔偿 + 补偿性赔偿　；参考：《辽宁师范大学》2016年硕士论文

【摘要】：惩罚性赔偿作为民事赔偿责任的一种特殊的责任形式,是在充分补偿受害人实际损失之外,基于加害人的恶意行为,由法院裁决加害人承担的另一部分赔偿责任,该责任具有明显的惩罚性和遏制性。2008年实施的《劳动合同法》正式引入惩罚性赔偿,它在我国逐渐由单一法条发展成为体系化规范群。"惩罚"是惩罚性赔偿的应有之义,通常被应用于民法领域中,但是从其目的和功能来看,其性质兼具公法责任和私法责任双重属性,实质上应定性为社会法性质。劳动法属于社会法体系中的部门法,其属性与惩罚性赔偿的属性相匹配。基于我国劳资关系不平等的现状,劳动者处于弱势地位,为了更好地保护劳动者的权益,在劳动立法中不断完善用人单位赔偿责任的规定至关重要。惩罚性赔偿作为用人单位的一项特殊的责任承担方式,其惩罚功能可以有效遏制用人单位的不法行为,突出了立法对劳动者的倾斜保护,与劳动法的立法宗旨相一致。因此,劳动法引入惩罚性赔偿是具有合理性和必要性的。本文试图在劳动法的视野下研究惩罚性赔偿。就其理论价值而言,通过对惩罚性赔偿内涵和属性的研究,有助于深入理解惩罚性赔偿在劳动法领域的价值和功能;通过对民法领域中现有的惩罚性赔偿研究成果进行分析,有助于总结惩罚性赔偿在劳动法中的适用范围和构成要件,在一定程度上弥补了劳动法领域对惩罚性赔偿重视不够、研究不足的局面。就其实践价值而言,通过结合我国劳动关系现状对《劳动合同法》中有关惩罚性赔偿的三个条款进行分析,有助于发现相关立法规定存在的缺陷并对其受阻原因进行深层次的剖析,进而提出针对性的立法建议。劳动法中的惩罚性赔偿是通过法律预设高额赔偿金的方式来倒逼用人单位依法行事,进而实现倾斜保护劳动者的立法目的。但是,当前我国劳动法领域的惩罚性赔偿仅集中在《劳动合同法》中,其存在的不足主要包括适用赔偿范围狭窄、赔偿标准僵化、赔偿程序复杂三个方面,影响了惩罚性赔偿制度制裁和阻遏用人单位不法行为功能的发挥,无法实现对劳动者的全面保护。通过研究国内外相关领域比较成熟的立法经验和技术,本文认为可以从扩大赔偿范围、细化赔偿标准、构建选择性并行救济程序三个方面对其进行完善,以促使我国劳动法中的惩罚性赔偿制度更加体系化、更具实效性,最大程度地保护劳动者的合法权益。
[Abstract]:Punitive damages, as a special form of liability for civil damages, is another part of the liability to be borne by the court, in addition to fully compensating the actual losses of the victims, based on the malicious acts of the perpetrators. The liability has obvious punitive and deterrent properties. Punitive damages were formally introduced in the Labor contract Law implemented in 2008, which gradually developed from a single law to a systematized normative group in our country. " Punishment "is the proper meaning of punitive damages, which is usually applied in the field of civil law, but its nature has dual attributes of public law responsibility and private law liability, which should be characterized as social law nature in essence." Labor law belongs to the branch law of social law system, and its attribute matches the attribute of punitive damages. In order to better protect the rights and interests of workers, it is very important to improve the provisions of compensation liability of employers in labor legislation in order to better protect the rights and interests of workers because of the unequal labor relations in our country, and the workers are in a weak position. Punitive damages as a special responsibility of employers, its punishment function can effectively curb the unit of choose and employ persons' illegal behavior, highlighted the protection of legislation to the workers, consistent with the legislative purpose of labor law. Therefore, it is reasonable and necessary for the labor law to introduce punitive damages. This paper attempts to study punitive damages from the perspective of labor law. In terms of its theoretical value, through the study of the connotation and attribute of punitive damages, it is helpful to understand the value and function of punitive damages in the field of labor law, and to analyze the existing research results of punitive damages in the field of civil law. It is helpful to sum up the scope of application and components of punitive damages in the labor law, and to a certain extent make up for the lack of attention and research on punitive damages in the field of labor law. As far as its practical value is concerned, this paper analyzes the three terms of punitive damages in the Labor contract Law by combining the present situation of labor relations in our country. It is helpful to find out the defects of the relevant legislation and to analyze the reasons of its hindrance in a deeper level, and then put forward some specific legislative suggestions. Punitive damages in labor law is to force employers to act in accordance with the law by means of legal presupposition of high compensation, thus realizing the legislative purpose of favoring the protection of workers. However, at present, punitive damages in the field of labor law in our country are only concentrated in "Labor contract Law", which mainly includes three aspects: narrow scope of applicable compensation, rigid standard of compensation and complicated procedure of compensation. It affects the punishment of punitive damages system and the function of restraining the illegal acts of employers, and it can not realize the comprehensive protection of workers. By studying the mature legislative experience and technology in related fields at home and abroad, this paper thinks that it can be improved from three aspects: expanding the scope of compensation, refining the standard of compensation and constructing selective parallel relief procedure. In order to promote the system of punitive damages in China's labor law more systematic, more effective, to protect the legitimate rights and interests of workers to the greatest extent.
【学位授予单位】：辽宁师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.5

【参考文献】