劳动合同法通过赋予劳动者直接主张未签订劳动合同双倍工资的方式,较好地解决了劳动合同签订率低的问题。但是目前理论界和实务界对于双倍工资的性质、支付标准以及特殊情况下双倍工资的支付问题认识不统一。本文提出,双倍工资是对用人单位因违法不与劳动者签订劳动合同而设立的惩罚性赔偿措施,但并不属于赔偿金;补签、倒签劳动合同,以及视为已订立无固定期限劳动合同的情况下,用人单位同样应当支付双倍工资。 The labor contract law has solved the problem of low labor contract signing rate by giving workers the direct claim that they have not signed the double wage of labor contract. At present, however, theorists and practitioners do not understand the nature of double pay, the standard of payment and the payment of double pay under special circumstances. This paper proposes that double pay is a punitive compensation measure established by the employer for not signing a labor contract with the laborer due to infringement of law, but it does not belong to the compensation. It is regarded as a fixed-term contract In the case of a labor contract, the employer should also pay double the same wage.