Study On Restraining Employment Discrimination In China

With the reform and opening-up policy, the problem of employment discrimination is becoming more and more important. Currently, the legislation on anti-employment discrimination is not very perfect and lacks maneuverability. What's more, the study on employment discrimination is not enough, which can not provide the strong support for the legislation and practice. Accordingly, this article which bases upon Chinese reality, changes the traditional thoughtway, builds the system to restrain employment discrimination in china and provides the institutional support for equal employment right is valuable in theory and practice.The core question of the article is how to restrain employment discrimination in china.This article is composed by five parts besides introduction and conclusion.The introduction explains the article's core questions, research path, and research methods and so on. We summarize the study condition on this issue, which makes us to begin at the place where others stop. This part gives an outline of the core views and logic of the article, through which we describe a blueprint for the article.Chapter 1 explores the types of employment discrimination in order to choose and ascertain the best angle of view on studying employment discrimination, which is the theory basic to build the system to restrain employment discrimination. Firstly, this part discusses the institutional employment discrimination and the non-institutional employment discrimination which are classified by the cause of formation, which is the best thoughtway to study employment discrimination. Secondly, this part analyzes the institutional employment discrimination's causations which relate to market mechanism and actualities which include gender discrimination, age discrimination, health discrimination and household registration discrimination. Finally, this part analyzes the non-institutional employment discrimination's causations which relate to government failure and actualities which include gender discrimination, age discrimination, health discrimination and household registration discrimination.Chapter 2 analyzes the equal employment right which is the basic of anti-employment discriminations. This part opens out the theory variance about the equal employment right and expounds the relation between equality, freedom and efficiency.Chapter 3 explores how to restrain the non-institutional employment discrimination. Firstly, the part points out that the rule of law is an inevitable choice to restrain the non-institutional employment discrimination. Secondly, the part analyzes the key to restrain non-institutional employment discrimination that is how to protect the rights of the disadvantaged groups of society. Finally, the part draws on the foreign experience and analyzes the questions of the theory and the practice that is how to defend vulnerable groups in society.Chapter 4 analyzes how to restrain the institutional employment discrimination. Firstly, the part points out that the rule of law is an inevitable choice to restrain the institutional employment discrimination. Secondly, the part analyzes the key to restrain institutional employment discrimination that is how to lift institutional barriers and rectify the conflict of laws. Finally, the part suggests we should build the judicial review of constitution to adequately guarantee the equal employment right.Chapter 5 analyzes how to build the relief system of employment discrimination. The part explores disadvantages of the current relief system about institutional employment discrimination and non-institutional employment discrimination and suggests how to build the relief system of employment discrimination through the judicial, administrative and quasi-judicial approaches.The innovations of this article reflect in several following aspects mainly:First, this article chooses and ascertains a new angle of view on studying employment discrimination, which fills up a deficiency of current study. Currently, nobody in educational circles had proposed the concept of non-institutional employment discrimination and had embarked the contrastive study between the institutional employment discrimination and the non-institutional employment discrimination. So this article is innovative.Second, this article studies the constitutive requirements of employment discrimination through drawing on the foreign experience.What is noteworthy is that nobody had attended the study about marking a distinction between the direct discrimination and the indirect discrimination. This article analyzes the values of the indirect discrimination and suggests we should make the distinction between the direct discrimination and the indirect discrimination, which fills up a deficiency of currently domestic study.Third, the key to restrain non-institutional employment discrimination is how to protect the rights of the disadvantaged groups of society. This proposal is innovative. Currently, few scholars had attended the internal relations between non-institutional employment discrimination and the positive action. So it is valuable to hackle and explore this question.On the whole, it is necessary to restrain the employment discrimination for pursuing the good social system. We should respect everybody's dignity and guarantee fairness and justice. To restrain employment discrimination is not an empty politic slogan but also the institutional practice.