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Research Of Legal Relief Systems Against Employment Discrimination

Posted on:2009-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhouFull Text:PDF
GTID:2166360245990360Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The right to employment is the premise of labor rights realization, and it's also the direct embodiment of labor rights. Employment discrimination violates the equal employment opportunity of people. With the internationalization of human rights movement, anti-discrimination, protection of legal personal rights and property rights and protection of equal rights of citizens have become hot issues in the world. As the bottleneck in the realization of the equal rights of survival, employment discrimination has deeply impaired vulnerable groups. Take our country for example, with the worse situation in the labor market, employment discrimination become more and more severe, which endangers people's social life and civil rights in our country and impacts the healthy development of market economy. Employment discrimination strongly impact the equal concept and legal awareness of people, harmful to the lasting development of economy and the equal rights of sharing the fruits of economic development as well as the construction of social equality and harmonious society. Therefore, in the process towards nomocracy in this new century, to resolve the social malpractice of employment discrimination, efforts are needed to emforce the legislation of anti-employment discrimination, using for reference the valuable foreign experience of anti-employment discrimination. It is of great importance for promoting the development of our country to construct a relief system of anti-employment discrimination based on the situation of our country.The present article discusses the construction of relief system against anti-employment discrimination mainly in following four aspects:The first part is the summarization of the employment discrimination. Primary determination of employment discrimination was conducted, and the standards for judging the employment discrimination were also analyzed in detail. Then, based on the worldwide situation of theoretical research in employment discrimination in combination of relative nomological theories and economic theories, we analyzed the employment discrimination. After that, the nature of rights and the value of employment discrimination was further analyzed using the principles of social rights and equality rights.The second part analysis on current Chinese employment discrimination, Mainly from the country's social practice more prominent as employment discrimination, sex discrimination in employment discrimination and health three types of discrimination do the analysis, and analysis of the formation of the reasons for employment discrimination. The third part mainly discusses the actual situation of employment system in our country, wherein the problems were pointed out. Employment discrimination has been widely existed in nearly every scope of our country. The types of discriminations include sex, health, status and so on. The department that has discriminations of different degree or type include national organs and enterprises. While, from the cases of employment discrimination in recent years in our country, it is clear that the people who was discriminated are often without any kind of relief, and suffered a disable protection of employment rights. Therefore, the construction of a relief system of anti-employment discrimination is a tough cause that needs more efforts from the legislation and social system.The forth part is the main part of this article. In this part, the way of constructing a relief system that adapt to the situation of our country and the trend of anti-employment discrimination in the world was discussed. Firstly, the idea of constructing a relief system of anti-employment discrimination was expatiated; then, the practice modes of such idea were discussed in aspects of constitution, laws and administration.
Keywords/Search Tags:Discrimination in employment, Combating discrimination, Discriminations based in system, relief system, the committee of equal employment opportunity
PDF Full Text Request
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