Study On The Legal Countermeasures Of Workplace Grender Discrimination In China

Workplace gender discrimination as problem exist in the world has been long. In China, it has been concern of society in the background of female employment increasing in recent year. However, workplace gender discrimination of our country has not shown of beginning but increasingly serious. To resolve the problem of relating to social development and stability reasonably, one hand we should fully realize China's basic condition and present situation of workplace gender discrimination;on the other hand we should improve the legal mechanisms on the basis of international successful experiences.Except introduction and conclusion, this article is divided into four chapters to explore the situation workplace gender discrimination of our country and legal countermeasures.One is ontological:Workplace gender discrimination is the phenomenon in hiring process which applicant or employee wasn't treat equality by the employers because of its gender. In its essence, the value of law level, workplace gender discrimination in the workplace is a kind of unfair treatment to gender role by social, which is against gender justice, is an unjustice symbols in the area of public. Compared with other discrimination in workplace, workplace gender discrimination has several characteristics of discrimination in the particularity( mainly female), discrimination range of universality , discrimination sources of social and so on.Two is paper concerning:This paper investigate the present situation and reason of workplace gender discrimination. at present, although the law in our country gives women high economic status and legal status in promoting equality between the sexes, and have made great progress, but employment and working process of workplace gender discrimination is still widespread. This kind of common discrimination act mainly displays in both sexes arrange employment and career development opportunities, labor safeguard and there exist different degree of difference. Workplace gender discrimination is not the biological difference in gender based on natural born, but the result of social constructivism. The lack of legal norms or lack of maneuverability are an important root of workplace gender discrimination in the workplace. From institutional and legal supply perspective, our country did not provide effective norms supply, that failed to fulfill the corresponding prevention responsibility, the workplace discrimination victims except cannot obtain the trust and unexpected, also cannot get valid law relief ways and means.Three is empiricism: mainly from international legislation, Anglo-American and Civil Legal System as well as China's Taiwan and Hong Kong's actual situation experience. These quotable experience are: written legislation, parity orientation rigid clear judgment rules, independent special law enforcement agencies, deliver justice judicial judgment, gender neutral legal position, establishing the system legal framework, clearly define "discrimination" and its scope, strict regulations, formulate specific defenses of relief program and the metheds, etc.Four is the game theory: In full considerate the basis of China's specific conditions, follow the standard construction path of gender analysis, reference the successful experience of other regions, at present, our country should take responsibility to national prevention center for public law mechanism and the employer tort liability as a starting point of private law mechanism combination of mode. The establisment of public law mechenism which as the center of national responsibility for prevention, means that our country should provide full and effective legal supply at first, construct a legislative system designed to achieve gender equality in workplace. In this legislation system, It must be specific clear that our country respond to workplace gender discrimination the basic principles, basic position, specialized agencies, supervision and incentive mechanism, legal responsibility and so on. The employer responsibility as a starting point, means employers tort liability is the very least private mechanism at present , also is the most viable real mechanism. In addition to play national prevention center for public law mechanism, the law should give the victims better space and private relief, so that the victims can approach to their rights more effectively, maintained China's current law, there exists the possibility of tort law relief: through the applicable scope expansion of employer tort liability in tort law, the employer has legal obligation to expanded against gender discrimination, thus employers tort liability is founded in the cases that happen workplace discrimination and no exception clause of the applicable.