Essay代写：The means of expression of the art of painting

下面为大家整理一篇优秀的essay代写范文- The means of expression of the art of painting，供大家参考学习，这篇论文讨论了绘画艺术的表现手段。绘画除了具有再现具体物象的特性外，同时还潜藏着抽象性。无论是主流意识形态，还是多元化方向探索的前卫艺术，任何形式和手段都已被合理化，任何工具和材料都可以用来试验，任何观念和立场均可付诸艺术实践。追溯绘画历史的变迁，我们不难看出，科学进步的每一次推进，都会对艺术产生新的突破，绘画作为一种表现手段被赋予了丰富的内容。

Art, as a code hidden in human genes, as a way of life and way of life, is spiritual in nature. Artistic symbols involve painting, sculpture, photography, handicraft production, etc., and express the artist's creation theme and aesthetic value experience through the visual communication of material media.

Since the emergence of self-consciousness, the relationship between man and nature has changed fundamentally. Man and nature began to have a close and complex relationship. In the sense of genesis, the original "self-consciousness" of human beings is the chaos of various embryonic forms of consciousness that human beings later have. The gradual perfection of human organs and organisms, the development of psychological functions and the formation of human social relations are the basic conditions for the occurrence of art.

The emergence of painting is first based on the utilitarian needs of primitive people, and then it is possible to go beyond the practical and aesthetic. Rock painting is the first peak of prehistoric art. The paintings rarely depict people, and if they do, they are "mysterious" figures with masks and makeup. During this period, the primitive ancestors drew rock paintings as a kind of witchcraft activity to express their understanding and feelings in production and life, and rock paintings were used to meet their certain aesthetic needs. Therefore, the occurrence of prehistoric art may be derived from primitive people's psychological fear, awe and perceptual cognition of all things in the ancient world in the process of evolution and growth. If we say that the growth process of human consciousness is the source of all behavior creation, then the "crisis cognition and experience" of human survival and reproduction is also the fundamental driving force of primitive human spirit creation.

The connotation of the mental world in symbols refers to the complex psychology of human spirit reflected in the image of symbols. It includes unconscious reactions, momentary mental activity, mystical states of extreme passion, morbid psychology and dream consciousness. It is not limited by time and space, it does not pay attention to the form, but in the mind. This reminds me of van gogh's art, the painting with neurotic and laissez-faire atmosphere, which flows and sways freely under extremely indulgent conditions, giving people a kind of dislocation of movement and harmonious melody. He expresses another splendid world of symbols. In the process of artistic creation, specific artistic symbols must be assimilated by the psychological ability of the creative subject and become the most basic means and media to express their meaning.

In addition to the characteristic of reproducing concrete images, painting also contains a characteristic that is contrary to the obvious representativeness: the abstraction of painting. Therefore, the emergence of photography has renewed the existing attributes of painting. In 1839, daguerre, a Frenchman, announced the result of his photographic invention, which caused consternation among some painters of the time. An artist once sighed gloomily: "from now on, painting is dead!" But nearly a century and a half later, the result? Painting not only did not die, but flourished. Painting photography can not replace, because paint and conflict of different photography, painting is not the real object as the fundamental purpose of pursuit, but relatively abstract and explicit notation and the combination of internal and vivid image rendering, or aesthetic imagery in artistic creation by the form of psychological experience to explicit symbol of transformation, is inseparable from the main body of the soul to create fundamentally, processing, weigh and consider. Art is a substitute for reality, not the purpose of painting. People see shrimp, crab is not difficult, why should the old man baishi pen those "fake" "substitute" praise? As for the people, horses and cows in guernica, they are even more "painted away", but they are still regarded as immortal works.

In the category of cultural consciousness, art is a symbol that expresses ideas with images. Dadaism, which emerged during the second world war, explains this concept. In their works, there is no visual beauty. As for individuality, style, value, aesthetics, elegance, vulgarity and other concepts, they all disappear, leaving nothing but nothingness. As is known to all, ingel's famous "fountain" is almost a model of aestheticism, and duchamp gave the same name to the "unsightly" urinal. Dadaists use whatever means they can to create within the scope of imagination. They remove the boundary between art and life, thereby defying authority. The rebellion of dadaism deeply influenced the development of some literary and artistic schools in the 20th century. Including surrealism, pop art and concept art.

With the development of history, painters and viewers have paid more and more attention to a value other than the specific objects in painting: the metaphorical nature of artistic expression. Since the 21st century, with the development of economic globalization, contemporary art has presented a situation of coexistence and integration of diversified art pattern and mainstream ideology. The open vision also influences the traditional creation consciousness of painting. Contemporary artist CAI guoqiang has always stressed that "art is fun". Blasting is the best way of expression of CAI guoqiang. Many of his works are in the form of blasting. "CAI has literally exploded the accepted standards of artistic creation of our time," said curator Thomas kerns. It is the combination of historical and cultural metaphors and creative art forms that makes up today's CAI guoqiang, who is neither a simple cultural symbol nor an artist who simply pursues fun.

Through the fog of traditional knowledge, we can find that any form and means have been rationalized, any tool and material can be used to experiment, and any idea and stand can be put into artistic practice. Tracing back to the changes in the history of painting, it is not difficult to see that each advance of scientific progress will produce new breakthroughs in art, and painting, as a means of expression, has been endowed with rich content.

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Assignment代写：Urban tourism photography

下面为大家整理一篇优秀的assignment代写范文- Urban tourism photography，供大家参考学习，这篇论文讨论了城市旅游摄影。在摄影视角下，城市旅游被赋予不同的内涵。摄影能够传达人的情感和认知，能够传递信息，能够用独特的语言和世界进行交流，能够体现人不同的世界观、人生观和价值观，还能够体现人的审美情趣和修养。摄影通过图文并茂的形式将城市旅游重点进行阐释，用细腻的表达方式将城市精神世界和物质世界进行说明，使得尘俗之事用艺术化手法演绎出来，完成了艺术和现实相融合的过程。

With the continuous development and progress of the society, people's quality of life is getting higher and higher. More and more people love tourism and begin to pay attention to the impact of tourism on physical and mental health. The development of modern tourism promotes the development and progress of urban tourism market, which makes more and more people interested in urban tourism.

At present, the concept of urban tourism has not yet formed a mature, because urban tourism in different regions, different time and different tourism purposes under the appearance of different forms. City has always been the center of a country, covering a lot of content, including a region's cultural characteristics, local customs, economic center, political center and so on, but now gradually rely on cultural heritage into a tourism center. From the perspective of photography, urban tourism and buildings with unique metropolitan style, such as museums, theaters, theme parks, cultural corridors and so on. In a word, using modern photography technology to describe the urban tourism landscape is also a kind of alternative tourism process.

The process of urban tourism is actually a process of the perception of the landscape in the small city and the big city. Landscape exists objectively in the world. Although it is a kind of entity, it can only exist from the perspective of human beings, and can be cognized and induced by human perspective and emotion. The lens of photography cannot be replaced by human perspective in depicting and recording these landscapes. Human through the special five senses to feel anything in the world, and the feeling of reaction at a higher level "perception", all the environment of urban tourism is the carrier of photography, the photographer on the cognition of things by himself, select a reasonable point of view to photograph the city, urban tourism has become more attractive and interesting. When people view things from different perspectives, there will be differences in perception, and these information will be recognized by the brain. Through the photographer's aesthetic reflection in the pictures, urban tourism will be full of vitality. The objective existing landscape in the city is the object that the photographer produces perception, and through photography means and specific technology shooting and recording, this is the real relationship between the two.

People also like to put what they see, hear and feel into their own lens, hoping to use superb photography technology to retain the moment of eternity. This is the self-entertainment function of photography. Photography has two functions: one is planning assist function, the other is communication function.

Many modern cities rely on tourism to promote the prosperity of politics, economy and civilization, so urban tourism is constantly carefully designed and planned.

Photography planning auxiliary function mainly reflects in improvements in view of the city tourism planning, use of modern tools and equipment to draw roadmap, photography is abandoning the disadvantage of manual tedious drawing, use of modern digital camera technology, will photography pictures according to certain proportion to present on the drawings or picture, according to the Photoshop to complete figure, this is the city photography auxiliary function of urban tourism planning.

There are three main methods for digital camera to present pictures on the screen: first, connect with TV or multimedia tools to watch pictures; The second is to print the picture on the drawing through the printer and present it directly to the urban planning department. The third is to use the computer to scan the image directly to the monitor, and then through special processing method to print the photo according to a certain size on the printer. In the urban tourism planning and design, photography is widely used, and the modern PS technology is more and more advanced, photography's assistant planning role is more and more obvious.

Photography plays an increasingly important role in perspective media and has become one of the major media. Before the invention of digital cameras, images were used to disseminate information in ancient Chinese cities. For example, in zhang zeduan's painting "river scene at qingming festival", we can easily see the painting of bianjing city in song dynasty at a glance.

People's concept of urban tourism is so vague that it is often regarded as an alternative life experience. Photography is produced in the process of tourists' perception and cognition of the landscape during their visit, and achieves the effect of visual media with photographic images. It USES rich colors and forms to convey the information contained in the city, and even conveys some feelings and thoughts contained in the city. From this point of view, photography has a communication function and role in urban tourism, and can spread photographic images to the public. Urban tourism photography is generally landscape and image, image has the function of information dissemination, can be contained in the city of some kind of emotion and information to the world, for the world pleasure and reference. Whether it is cultural landscape, local customs or natural landscape, the bustling scene of a city can convey rich and colorful information to people, who can objectively express the city's folk customs, citizens' quality, service attitude and civilized habits through photography technology.

To sum up, in the perspective of photography, the connotation of urban tourism are endowed with different organic combination of spiritual civilization and material civilization, photography can convey people's emotional and cognitive, to convey information, to communicate with unique language and the world, capable of embodying the of the person different world outlook, the outlook on life and values, also can reflect people's aesthetic taste and culture. Photography explains the key points of urban tourism in the form of illustrated pictures and pictures, and explains the spiritual world and material world of the city in a delicate way of expression, so that worldly affairs can be interpreted by artistic means and the process of integration of art and reality can be completed.

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Essay写作怎么提分

Essay写作怎么提分？这个问题对于留学新生来说非常重要。毕竟一直拿低分的话，是非常影响总成绩的。其实Essay写作要想拿高分，那么还是得从细节入手，细节对Essay写作的影响是非常大的，下面就给大家讲解一下。

Essay开头和结尾的写作

开篇：首先，对于开头的摘要，一定要确定Essay的主题，提出主题时还要提供必要的背景，并写出在自己思考前提下的论点。

结尾：其次，对于结局的收尾，一定要干脆且有力。干脆就是指结论要直接明了，有力就是要将结论放在大背景上，以背景支撑逼格。

风格：最后，Essay的开头和结尾不能太枯燥，可以写你的思考过程，可以写Essay的现实意义，除了让你自己有挖掘的兴趣外，更要让读者（首先是导师）有阅读的兴趣。

Essay摘要的具体写作

主题确立：摘要的主题不能太大，那样容易太过宽泛言之无物，能力不够的情况下还是尽量将主题范围缩小，立意准确新颖为好。就比如写赵州桥的维护，如果你直接将立意定为“赵州桥的周期性维护”就会显得很无聊宽泛，且内容不容易写；而若是将立意改为“赵州桥最多能承受几个人同频率行走”或是“自行车、三轮车、汽车该怎样过桥”就会显得更准确且让人有阅读兴趣。

字数限制：关于具体字数，简洁为好，一般开头的介绍为全文的10%，过于复杂的可以稍微多一些，但是不能凑字数，否则在开头就会给你的Essay宣判死刑。

小技巧：其实这里有一些小技巧，有些同学一定要写完开头再写Essay，结果开题就卡了很久，对于这些同学，其实你完全可以先写内容，最后写完以后精华摘要自然也就会写啦；但同样有些同学喜欢偷懒，习惯不写摘要，Essay写完了直接将Essay中几句话放在开头当作摘要，这同样会丧失连贯性；如果你的写作没有思路，可以利用Essay综述，这样对思路开拓有帮助。

Essay结尾的具体写作

结尾要求：结尾与开头有一点相似，首先观点肯定是要相同的，但语气会有所不同。例如开头是在思考、讨论或者探究，而在正文的论述和验证过后，结尾的结论应当是已经有证据的观点，所以语气要更加肯定。

几个误区：这里要注意，因为是重新陈述，所以在语句不能用重复的，要用新的语句来提醒读者你的论据；如果你的结尾是批判性的，那么尝试反思你的内容的现实意义，将其升华到更高层次来写，这样会给读者留下一些思考的空间；结尾的长度可以稍长，但不要超过3段为好。

小技巧

如果你不知道有什么办法可以达到这样的效果，这里有几个小窍门：

比如你的Essay涉及现实问题，那么就要警示结果，可以用因果论来警示（如果不AA，就BB，引发思考）

可以给出令人吃惊的统计数据，以冲击力令人印象深刻

可以多用专家的论断作为支撑

提出问题，自行提出解决方案

结合生活经历会更让人有代入感

“回到开头”这四个字可以让人重新审视Essay

理工科Essay中，可以适当探索未来（要有价值不能乱想）

Essay正文写作小窍门

每个人的正文都有自己的写作风格，这里不多做建议，只是给出一些常用的写作方法，希望大家可以用得到。

介绍法：提前介绍Essay的背景，让人更容易读懂；或是提出现实问题，引出你写Essay的原因

震惊法：给出惊人的统计数据，说明问题的严重性

相悖法：提出与你观点不同的思想，可以论证可以驳斥可以引起思考

引用法：引用专家的话，名头越响越好（但要提前介绍）

最后，要弄清你导师的喜好，导师不喜欢的写作方式和用词方式要尽量避免，毕竟导师才是给你打分的那位。

以上就是关于Essay写作提分技巧，同学们可要加油哦，争取早日写出高分的Essay.

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Paper代写：The legal regulation of network tort

本篇paper代写- The legal regulation of network tort讨论了网络侵权行为的法律规制。网络侵权行为的特点包括侵权主体的特定性以及损害后果的严重性，网络侵权行为的类型同样具有多样性的特征，包括侵犯人格权、知识产权、财产权等。规制网络侵权行为的过程中，在立法层面上，可以制定专门的网络侵权责任法，并建立健全电子证据公证保全制度，从而提高不法分子的网络侵权成本，净化网络环境。本篇paper代写由51due代写平台整理，供大家参考阅读。

The so-called "Internet tort", in a literal sense, is the act of the actor in cyberspace to infringe on the civil rights of others. Network tort shows the characteristics of complexity and diversification. Based on the characteristics of low cost and fast propagation, network tort is very common in judicial practice and needs to be strictly regulated.

The main body that carries out network tort includes two kinds, one is network user, the other is network service provider. Network users commonly known as "netizens", the rapid development of the network is inseparable from a large base of network users, through the network, network users can browse, upload, download a variety of information, and speak freely, fully express their ideas on a certain thing. In judicial practice, network users belong to the most common and the largest number of network torts. Network service providers include network access service providers and network content service providers.

In terms of transmission speed, network information is transmitted through optical cable and satellite, and the transmission speed can reach to the second. Therefore, instant transmission can be easily realized through the network. In addition, in terms of transmission scope, the network has the characteristics of global and trans-regional. Two users who are separated from each other can share all kinds of information on the network at any time even if the geographical location between them is very far away. Network transmission speed, wide spread and other characteristics of network infringement often cause a very huge impact, in a very short time to bring very serious damage consequences.

There are countless social networking platforms, including QQ, WeChat, weibo, BBS and BBS. Through these platforms, people are free to express their opinions and ideas. However, in this process, some people may violate others' personal rights, such as reputation, right of honor, right of privacy, etc., such as publishing their personal privacy without others' consent, and spreading others' negative information on the Internet.

The popularity of the Internet has brought a lot of convenience to people. On the one hand, it has improved the influence of right holders of online works and created opportunities for many unknown authors to show themselves. On the other hand, it also provides a more convenient, fast and cheap way for the majority of Internet users to obtain works, which enriches people's spiritual life. However, the emergence and development of the Internet also gave birth to a large number of intellectual property rights violations. Due to breakthrough the limitation of the traditional carrier of digital technology, network works don't need to be dependent on the physical carrier, can be easily in the network space for storage, copy, distribute, as a result, intellectual property infringement network works tend to only need to spend little time cost and economic costs, lead to the infringement behavior can be found everywhere, in the judicial practice, seriously violate the legitimate rights and interests of the holder of the network works.

In judicial practice, some criminals steal others' property and infringe others' property rights in cyberspace by means of fraud or "hacker" technology, such as sending phishing websites to victims and inducing them to transfer money to them. In addition, with the explosive development of the Internet, some virtual property with transaction value gradually appears in the cyberspace, which may also become the target of infringement by others. It can be seen that there are also a large number of violations of property rights in the network.

At present, network tort law norms dispersedly distributed in different legal documents, such as the general civil law, the tort liability act "contract law" "copyright law" and so on, however, most of the relevant legal provisions comparison principle, abstract, only the tort liability law article 36 on the network tort is relatively clear rules, but there is still a lot of legislation blank, its legal lag is more obvious. In this regard, the author suggests that the standing committee of the National People's Congress formulate the law on network tort liability, which systematically standardizes the legal content of network tort, including torts subject, liability attribution principle, constitutive elements and liability bearing, so as to improve the operability of the law and provide clear legal guidance for judicial practice.

Electronic evidence notary preservation refers to the process in which the notary institution extracts relevant electronic data and fixes it within the scope stipulated by law according to the application of the party concerned. The purpose of electronic evidence preservation is to fix the electronic data that can prove the facts of some cases in the form of notarial documents. Establishing and perfecting the system of electronic evidence notary preservation can improve the efficiency of the trial of network infringement disputes and restrain the network infringement to some extent.

To be specific, first of all, uniform operational procedures for the preservation of electronic evidence notarization are formulated, which are respectively standardized according to the different characteristics and requirements of the three stages before, during and after preservation. Secondly, a series of scientific and reasonable measures should be taken to prevent false notarization. For example, special security facilities should be equipped to improve the comprehensive quality of the notary staff and seek support from Internet technicians when necessary. Finally, establish a scientific and clear standard for the effectiveness of the notarial certificate of defects. In the process of the effectiveness of the electronic evidence notarial certificate of defects, it is not suitable to adopt a mechanical method for unified identification, but should be determined separately according to the type of the notarial certificate flaw.

The characteristics of network torts include the specificity of torts and the seriousness of the damage consequences. The types of network torts also have the characteristics of diversity, including the infringement of personal rights, intellectual property rights, property rights and so on. In the process of regulating network infringement, special network tort liability law can be formulated at the legislative level, and the electronic evidence notary preservation system can be established and improved, so as to improve the cost of network infringement of criminals and purify the network environment.

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Essay代写：The legal regulation of the last elimination system

下面为大家整理一篇优秀的essay代写范文- The legal regulation of the last elimination system，供大家参考学习，这篇论文讨论了末位淘汰制的法律规制。末位淘汰制作为用人单位内部规章中涉及劳动者切身利益的制度，其制定程序应当符合《劳动合同法》第四条的规定，制定过程中应有企业职工的参与，广泛征求职工代表的意见。对于已经确定的制度要有公示的程序，让全体职工有明确的标准来执行。对于已经生效的规章制度，在决定实施的过程中，工会或者职工认为不适当的，有权向用人单位提出，通过协商予以修改完善。

The last elimination system is a method of performance appraisal. It refers to a performance management system in which the employer sets a certain assessment index system based on the actual situation of each post, evaluates employees based on this standard, and eliminates employees with lower scores according to the assessment results. The introduction of this performance management mode in Chinese enterprises has brought about the conflict between the autonomous management right of the employer and the labor right of the laborer.

In practice, the unit of choose and employ persons implements the form diversification of elimination system of the last position. How to regulate the abuse of dismissal right by employing units under the cover of elimination system at the bottom so as to achieve the balance between the autonomous management right of employing units and the labor right of workers?

Of the 31 selected judgments, only 6 were deemed legal by the court for the measures taken by the employing units to implement the last-place elimination system. Most cases can be identified by the court as employers illegally remove labor contracts, visible in the current implementation of the end of the elimination system, for employers very high risk.

Through the analysis of the judgment, it is found that the form of the final elimination of the employing unit not only refers to the direct removal of labor contract, but also includes the adjustment of post, adjustment of salary and other forms, in addition, the final elimination of labor contract of the employing unit due to the final elimination of the reason is also diverse, which is also the reason why the court judgment results are different. The following will be from the employer based on the end of the elimination system to terminate the contract.

In the sample, there were 20 cases in which the employer directly terminated the labor contract, among which 18 cases were found to be illegal termination, and 2 cases were rejected by the court because the lawsuit filed by the laborer exceeded the limitation of action.

According to the statistical induction of the judgment, the court affirming that the employing unit directly removes the labor contract illegal reasons mainly have the following several: first, the last elimination does not belong to the "labor contract law" 39, 40 provisions of the unit can unilaterally remove the labor contract. Second, the rules and regulations of the employer on the last elimination system are illegal and cannot become the basis for the management of employment. The 3rd, rank last place and assessment score are low not equal to cannot be competent for the job, the unit cannot remove labor contract for this reason.

A total of 10 cases in the sample involved job transfer, among which 6 cases were found to be legal and 4 cases were found to be illegal.

Judge to remove for legal basically is the following reason: the first kind is laborer does not obey adjust post decision to leave office automatically, the court thinks "unit of choose and employ persons executes the system that eliminate the last position to did not bring about the result that removes labor contract with laborer directly", affirm unit of choose and employ persons does not have labor illegal behavior consequently. The 2nd kind is unit of choose and employ persons is right "last position" laborer makes after adjusting post decision, laborer is absent from work, unit of choose and employ persons dissolves labor contract with laborer serious violate labor discipline, the court affirmatory and lawful. The third kind is "last position" laborer is checked after adjusting post still unqualified, unit of choose and employ persons lifted labor contract, the court thinks "the reason that removes labor relation is laborer cannot be competent for the job, still cannot be competent for the job after post adjustment, do not break the law. The fourth kind is laborer passes many times transfer post, still assess unqualified, unit of choose and employ persons lifted labor contract, the court thinks "laborer cannot prove the unit breaks the law to remove labor relation, bear the consequence that proof cannot prove."

There are still four types of illegal discharge. In the first category, the court considers that there is no necessity and legality of post transfer. "the performance appraisal of the unit is macroscopic, general and subjective, and no evaluation criteria are provided." The second category is that the court considers that the formulation procedure of the rules and regulations of the employing unit is not in conformity with the legal provisions, so there is no factual basis for carrying out evaluation and taking measures according to the rules and regulations. The third type of court held that "the employer determines that the laborer is not competent for the work by eliminating the last part of the work, but there is no factual basis for incompetence, which infringes on the legitimate rights and interests of the laborer." ? Fourth class court ruled that the employer to the employee "incompetence" to cancel the contract, is to confuse the relationship between the "bottom" and "incompetent", "end is just a kind of unit of choose and employ persons assessment rankings, and incompetent is caused by workers skills can't meet the needs of the job work can't do the normal situation, the two completely different, not to" incompetence "legal act to" take out "the illegal ACTS as cover." ?

Through retrieval only one case is unit of choose and employ persons trains the worker of the last place to assess first post is transferred, because laborer is absent from work again, remove labor contract, the court affirmatory it is legal

Lifted. In this case, the regulation system that unit of choose and employ persons formulates according to law undertakes assessment to the job achievement of laborer, below the circumstance that laborer assessment does not accord with a requirement, inform laborer undertook corresponding post groom. And in the case of workers after training unqualified for its transfer to the post. The laborer did not arrive at the new post for 15 days after the transfer of the post, which violates the provisions of the employing unit "administrative disciplinary measures for employees" and is a serious violation of the rules and regulations of the employing unit. Therefore, the employing unit made a decision on the dismissal of the laborer. The court concluded that "the employing unit has fulfilled the corresponding notification obligation, and conforms to the requirements of the employing unit in formulating rules and regulations. It belongs to the scope of enterprise decision-making power, and does not violate the provisions of the law." ?

As for the legality of the last-place elimination system itself, some scholars evaluated it as follows: "under the system framework with dismissal law as the core, the last-place elimination system has been floating at the edge of law and agreement, repeatedly touching and testing the bottom line of tolerance of legislation and justice in the form of internal regulations of employers. ? Does the court have the right to review the employer's internal performance appraisal system?

In judicial practice, the court will conduct a procedural review of the employer's performance appraisal system and, when necessary, a substantive review. Article 4 of the labor contract law stipulates that when an employing unit formulates, modifies or decides rules and regulations or major matters directly related to the personal interests of laborers, it shall discuss with the workers' congress or all the workers, put forward plans and opinions, and consult with the trade union or workers' representatives on an equal basis. The employing unit shall publicize or inform the workers of the rules and regulations and major matters directly related to the personal interests of the workers." So the court will review the establishment procedure of unit of choose and employ persons appraisal system, such as talking about east MinChuZi 2075th in the judgment, the court pointed out that "the unit of choose and employ persons work attendance checking system is directly relate the interests of the workers, rules and regulations, on the procedures, without the employee representative congress or all the employees for discussion and put forward solutions and advice, or equality talks things over with Labour union or worker representatives to determine, nor will the work attendance checking system of the public in the proper manner or inform the laborer, the attendance system does not have the legitimacy and therefore the defendant unilaterally terminate the labor relationship it is illegal to remove." ? In offshore work MinChuZi judgment in no. 2384, the court and performance appraisal system of unit of choose and employ persons is the essence of audit, the court pointed out that "the plaintiff company" for two consecutive years to C, the contents of the personnel must be conducted out ', at the risk of "take out", in violation of the "labor law" the relevant principle, when the invalid provision." ?

Although the last elimination system belongs to the internal regulations of the employer, it cannot be a cover for the employer to abuse the right of dismissal. Through the empirical analysis of relevant cases, it can be found that when the employer unilaterally terminates the labor contract due to the elimination of the last position, it will generally invoke article 39 of the labor contract law that "seriously violates the rules and regulations of the employer" and article 40 that "the laborer is not competent for work".

First of all, "assessment bottom" equal to "serious violation of the rules and regulations of the employing unit"? Obviously not. Assessment of the bottom is the inevitable result of the implementation of the ranking system, not subject to subjective control. And violate rules and regulations of unit of choose and employ persons is laborer subjective it, laborer knows to have this system to exist, still cause the consequence that intentionally. Accordingly, although laborer assessment is in last position, unit of choose and employ persons also cannot remove labor contract with violating labor rules and regulations.

Second, is "at the bottom of the assessment" the same as "incompetent"? The above mentioned "serious violation of the rules and regulations of the employing unit" is usually invoked only when the workers do not obey the unit's decision on post transfer, so what is the necessity and legality of post transfer? The author believes that the most important thing is to clarify the relationship between "bottom" and "incompetent".

In the no. 18 guiding case of the Supreme Court, the court pointed out that "the laborer is in the lowest rank in the grading assessment of the employing unit, which does not mean that he is incompetent for work and does not meet the legal conditions for unilateral termination of labor contract, and the employing unit cannot unilaterally terminate the labor contract accordingly." ? The "last place" in the enterprise performance appraisal is a relative evaluation of the worker's work performance or ability, rather than an absolute evaluation of the worker's incompetence in specific business. And "labor contract law" medium competence points to the specific relation between laborer and the business that place is engaged in, those who judge this kind of relation should be a kind of objective, absolute evaluation. There are three main theories about the criterion of "incompetence". The first kind is objective cannot say, it is to show laborer cannot be competent because of objective reason work. Include the objective reason of laborer oneself and objective reason of unit of choose and employ persons. The objective reason of laborer oneself basically is to point to laborer because of the reason such as age, health, cannot continue to fulfil the pay obligation that agrees in labor contract, cannot satisfy the requirement of unit of choose and employ persons, and this kind of circumstance is not laborer subjective ability can control, however the general law that human society develops. The objective reason of the employer is that the employer constantly improves the production technology and adopts higher and stricter assessment standards on the path of pursuing the maximization of interests, which leads to the fact that the laborer's own ability remains unchanged but he cannot meet the demands of the employer. The second is that both objective and subjective cannot be said. This theory believes that in addition to the objective ability, physical and mental condition, knowledge and other factors, the subjective factors of laborers should also become the judgment criteria of "incompetent", such as the subjective ability of laborers but not for, passive sabotage and so on. The third one is compromise, said the idea that labor is not competent for job is to show laborer is not up to objectively, exceptional cases recoverable objective and subjective judgment standard, such as the labor contract signed by both sides stressed workers provide services of trust relationship between subjective attitude or special emphasis on, which make the subjective elements of laborer labor exist, the basis of the value and meaning of once laborer lack of subjective elements, will lose the labor contract, at this time will be allowed to unit of choose and employ persons to be terminate the labor relationship. ? No matter which kind of theory, what adopt is absolute evaluation standard. The relative evaluation of "the bottom" and the absolute evaluation of "incompetent" are two completely different evaluation models. There is no necessary connection between the two. It is only based on the bottom of the performance evaluation to position incompetent, and then make the decision of dismissal, which will obviously cause the illegal evaluation of insufficient evidence.

According to the legal procedure, the elimination system is legal, but in the actual operation process, employers constantly touch the bottom line of tolerance of legislation and justice with this system. The implementation of a system should be limited by the law it is in, and give power to the enterprise within the framework allowed by the law. Therefore, it is necessary to carry out legal regulation on the knock-out system.

As a system involving the personal interests of laborers in the internal regulations of the employing unit, the formulation procedure of the last-place elimination system should conform to the provisions of article 4 of the labor contract law, the formulation process should involve the participation of enterprise employees, and the opinions of employees representatives should be widely solicited. For the system that has been determined, there should be procedures for publicity, so that all employees have clear standards to implement. If the trade union or the staff and workers think that the rules and regulations that have taken effect are inappropriate in the process of deciding to implement them, the trade union or the staff and workers shall have the right to propose to the employing unit for modification and improvement through consultation.

When formulating the rules and regulations of the employer, the employer's performance objectives, performance assessment standards and other contents shall be taken into consideration as a whole, and the legitimate rights and interests of the employer and the employee shall be fully considered. In addition, some principles of laws and regulations should be concretized to fill in the gaps of laws and regulations. Direct dismiss last laborer affirms

Is illegal discharge, enterprises will more often determine that workers are not competent for work, and take follow-up measures. In the process, for not up to that is not a legal standard, unit of choose and employ persons in the bottom knockout, with laborer is not up to standard, such as the accumulation of a few times can't complete the same positions of average workload as incompetent, and follow-up measures, do both sensible and does not violate the rule of law.

Should end eliminate the use when removing labor contract to try to restrict, at present unit of choose and employ persons executes end eliminate system, have the following kinds of circumstance commonly: the first kind is to remove labor contract directly, through case analysis of front paragraph, this kind of circumstance belongs to break the law to remove. The second is the termination of "serious violation of rules and regulations". In this case, the employer should bear the burden of proof for the legality of the rules and regulations formulation procedure, and also prove that the laborer knowingly or should have known the content of the system, but intentionally carried out serious violation of rules and regulations. The third is "not up to work, after training or adjust hillock, still is not up to work" to cancel the contract because, in this case, the unit of choose and employ persons must first prove that laborer to work, secondly to prove that the unit on the training or the duty, finally, prove that training the workers still is not up to work after the post. And in fact in the first step to prove that workers can not be competent for work, assessment of the bottom is only a supplementary evidence, assessment of the bottom is not necessarily equal to incompetent work. If the "last place" must be linked with the statutory dismissal conditions, the employer must simultaneously set up an absolute evaluation-oriented business ability control system and combine the two sets of rules closely. On the one hand, the "last-place elimination" mechanism with relativity evaluation as the core should be adopted to discover the potential deficiencies of employees' abilities. After the fixed end range, on the other hand, further introduction of absolute evaluation mechanism, to current demand or may change other job ability as the reference system, the actual work ability of employees of the bottom to make the evaluation of quantitative type, only in the absolute evaluation falls into "incompetent", and after training or transfer is still not up to the to the firing process.

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