Jurisprudential Analysis Of Discrimination In The Women's Employment In China

The problem of the female discrimination in employment is a forward position problem of the sociological field. Its protracted nature and obstinate nature have aroused deep interests of many disciplines. The paper is attempting to take the equality protects on the female right of work as breakthrough and is carrying out jurisprudential analysis of female discrimination in employment problem of our country combining with equal theory, in order to reveal the back causes which aroused this phenomenon and to explore the methods on the theory and face tiers.The paper, apart from the introduction and conclusion, is composed of four parts. The content is as follows:Part one, titled"the current situation of the discrimination in employment that the female of our courtry are facing", mainly discusses it at three aspect content, namely, the boundary fixes in the female discriscrimination in employment, the performance of the female discrimination in employment and the damage of it. Concerning the boundary about female discrimination in employment, the paper is fixed from the boundary of"discrimination"to the boundary of "the female"discrimination in employment, and last the boundary of"female discrimination in employment". It can give a comprehensive definition from the different angles in order to overcome the deficiency from a aspect angle. There are four aspects in article about the performance of the female discrimination in employment, namely, the serious sexism coming from the employing units in the process of choosing a job, the disproportion of men and women on the employment structure, the discrimination of retirement age, and the female discrimination on salary pay. Then it brings forward the damage of the female discrimination in employment, which encroached on personal female physical labour right, and has been the social development instability factor, and been disallowed by a health developing society. This part is the process of suggesting the problem, and it has provided a basis to later analysis of causes.Part two, titled"the causes of female discrimination in employment", mainly discusses it at four aspects. Firstly, it is from the natural physiology difference aspect of the female. The body inferior position is the important restrict factor, but among it the procreating function of female has the deepest effect on the female employment. Secondly, it is from sociological aspect. The causes of the sociological aspect is shown mainly on the notion, namely Chinese traditional concepts of the society. The developing cognition has led to thet sex role division of the work formation, which makes the sexism more concealed and obstinate. It has also composed the thought premise which exists in the phenomenon of the female discrimination in employment. Thirdly, it is from the economic aspect. The analysis to the cause are always seting a limit to the be to violate equality, impartial society criterion, to infringe upon the right of employment and the right of living. But the back economy origin is always ignored. Development of the economy decides the trend of employment policies. Employment policies of our country have been experiencing the evolution from elasticity employment policies to stiffness employment policies, and last arriving at marketplace employment policies again. The paper will seek the causes from three angles: Judging from economic system angle, the planned economy has changed into the market economy. So the feasible administrative guarantee measures of the planned economy have lost their original force of constraint under the condition of the market economy. Judging from the employing units, the emplying units will analyse the proportion beween the physical labour contribution and the cost of the labour force under the premise that the unit tries to maximize the profit in the sufficient long time, in order to adopt a few restrictive measures to exclude the female. From the angle of the undertaker of social responsibility, the cost of the social responsibility on the female are undertaken by the enterprises because of the faultiness of guarantee system in our country. At the same time, the target of the most enterprises in our country just only emphasize on the"single target"of how to make the most profit. So the enterprises discriminate against the female inevitably. Fourthly, it is the law analysis of the employment security on the women. There are mainly four aspects in article. Firstly, the problem of female employment lacks the necessary law basis because of the imperfect law and statute system; Secondly, the laws and statutes are short of the synopsis and operatability, which makes the issue of female employment more difficult; Thirdly, the legislation mode that give first place to the protection leads to legislation with a discrimination, ultimately leads to the departure between the effect and original intention; Fourthly, the insufficiency of the law execution and supervising is the main cause which fail to solve the the problem effectively. This is from the analysis of system aspect and also waits for law adjustment urgently. Above all is from the system which needs the adjustment of law urgently. Building-up a fine system is able to remove the unequal factor in modern society. Therefore the reason of the system is the most essential.Part three, titled"the train of thought resolving the problem about the female discrimination in employment under background of the security on the woman's rights and interests", mainly discusses three aspects. Firstly, realize a form combining former equity with essential equity in the process of female employment. On the problem of female right to work protection, we should be going to ensure the kind of formal equality to realize chance equality above all. Secondly, in the view of peculiar mentality of female and physiological characteristics, we should give the female the peculiar protection on the basis of the equal chance, then, suggest suitable personnel mechanism of the physical labour which contains three sides of the female labourers, employing units and society. The society and the government should take the active responsibility on issue of the employment. Secondly, we should respect the female in the operational process of law, and give a human solicitude to the female. Our country has arrived at the effect discriminating against the female in the employment in current laws, which contains some special clauses of the right to work. Therefore, we should overcome the compulsive doctrine inclination in the legislation and render the female special protection in order to make them own the right to choose freely. They can decide whether to accept the special protection from the society and the government or not. So it can embody the respect to the right of the female much better and improve the quality of life. Thirdly, it is about how to treat the diverse sexism discrimination. The limit between the special protection and diverse discrimination is very blurred, so it is apt to bring a new kind of discrimination, namely diverse discrimination. The essence of them is the conflict between the liberity and the equality. Therefore, it needs to scan the justification of special treatment. At the same time, the paper points out the problem that the historic cause forms requires that the current policy should give compensation, combining"the affirming action"of American and the specific national condition of our country. Therefore, applying the special protection is a kind of provisional measures to protect, which is the compensation of historical problems and have the justification and the rationality.Part four is titled as"the concrete countermeasure resolving female discrimination in employment problem". This part renders the measures from route of legislation, execution of the law, and the judicatory. They are as follows: put the Constitutional government idea being equality of man and woman into effect, perfect the gauge making from the legislation, and improve the jurisdiction relief. The life of law depends on the operation, and the value of law comes true in operation. Protection of the female'right will really come true and the right of the equal employment will be achieved only when the ideal value concretizes into a series of operational request, and fulfill the operation of law.