经济补偿金是劳动法中的一项特色制度,作为劳动关系解除或者终止后劳动者权益的附随保障机制之一,在保护劳动者合法权益方面发挥了积极的作用,《劳动合同法》虽然就这一制度作出了新的修正与完善,但有些条款仍然存在着诸多不足,同时对于经济补偿金性质的理解在理论界及其司法界存在着较大的差异。 Economic compensation is a distinctive system in the labor law. As one of the supplementary security mechanisms for laborers' rights and interests after the dissolution or termination of the labor relation, the economic compensation fund has played an active role in protecting the legitimate rights and interests of laborers. Although the Labor Contract Law This system has made new amendments and improvements, but there are still some deficiencies in some articles. At the same time, there is a big difference in the understanding of the nature of economic compensation between the theoretical circles and their judicial circles.