论劳动基准法中用人单位的惩罚性赔偿责任

On the Punitive Compensation Liability of Employer under Labor Standards Act

劳动基准具有公私法交融的社会法品格,其义务主体为用人单位,其权利主体则有国家和劳动者。当用人单位违反劳动基准义务,不仅应承担对国家的公法中的责任,还应承担对劳动者的私法中的责任。为追求实质公平、建立正确的利益导向机制以及构建与劳动基准法相匹配的责任制度。

Labor Standards Act has the nature of social law which blends public law and private law.It considers employer as the subject of duty,and state and employee as the subjects of right.When employer violates the Labor Standards Act,they should bear the liabilities not only for state in public law,but also for employee in private law.The form of the liabilities in private law mainly is compensation.In order to achieve the real fairness,establish the correct interest-oriented mechanism and construct the liability system which matches Labor Standards Act,it is necessary to introduce the punitive compensation system for employers in Labor Standards Act.