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随着计划体制向市场经济体制转轨,企业奖惩制度在法律层面上无论是理念还是形式,都经历了从国家主导到企业自治的变化。《中华人民共和国劳动法》和《中华人民共和国劳动合同法》的颁布,从法律上理顺了企业劳动管理问题。然而,理论先导与行动滞后却使新旧企业劳动管理在实践中发生冲突。解决冲突的有效途径只能在新旧法律规则异同对比中寻求。理解法律法规的新旧更迭,对于提高企业依法治企水平具有深远的意义。
With the transition from a planned system to a market economy, the rewards and punishments of enterprises have undergone changes from the state-led to the self-government of enterprises at both legal and philosophical levels. The promulgation of the “Labor Law of the People’s Republic of China” and the “Labor Contract Law of the People’s Republic of China” have duly legalized the labor management of enterprises. However, the leading of the theory and the lag of action make the labor management of new and old enterprises conflict in practice. The effective solution to the conflict can only be found in the comparison of the similarities and differences between the old law and the new one. It is of far-reaching significance to understand the change of laws and regulations between new and old, which is of great significance to improving the level of enterprises according to law.