Improvement Path and Legal Reconstruction of Economic Compensation System of Labor Contract in China

（1.China Institute for Innovation and Development Strategy，School of Humanities，University of Chinese Academy of Sciences， Beijing 100007，China；2.School of Humanities and Law，Beijing University of Chemical Technology，Beijing 100013，China）

Abstract：Under the impact of novel coronavirus pneumonia，employment and entrepreneurship has become the focus of social concern，which leads to such problems as the paradox between enterprises’economic crisis and compensation burden facing the labor economic compensation system，the increase of enterprises’explicit and implicit cost，and the weakened labor free flow. At the beginning of the establishment of the labor economic compensation system，the lack and backwardness of the unemployment insurance system makes the two systems appear functional dislocation and imbalance. In respond to that，we should deeply explore its legal nature and functional value，learn from the relevant legislative experience of other major countries and regions，return to the nature of the legal liquidated damages theory and social security theory of the labor economic compensation system，adjust and balance the labor economic compensation system to compensate the property and spiritual interests of workers，enhance the dismissal insurance，encourage the long-term labor contract，standardize the corporate social responsibility，and encourage them to undertake the social security functions to improve our economic compensation system of labor contract. In the post epidemic era， the improvement of our economic compensation system of labor contract should be carried out gradually and steadily: first，we should reduce the scope of application of economic compensation for labor contract，and reduce the standard of that；second，we should expand the scope of application of unemployment insurance system，and improve the standard of unemployment insurance compensation；and third，we should improve the system of collective bargaining.

Key words：economic compensation system of labor contract；unemployment insurance system；experience reference；im⁃ provement path；legal remodeling