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Study On Improving The Legal System Of China's Anti-employment Discrimination

Posted on:2010-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:C F ZouFull Text:PDF
GTID:2166360275960881Subject:Law
Abstract/Summary:PDF Full Text Request
The Constitution endows every citizen the right to work. Government, enterprises and social organizations have the obligation to promote the worker's employment, protect the worker's lawful rights and interests not impaired. But various forms of employment discrimination substantially existence in real life, so that the worker's equality right of have been seriously infringed. The worker's often have no ways to ask for help Because of their relatively weak. Therefore, the Legal Remedy System of anti-employment discrimination is urgently to be built. And China's current Legal Remedy system of anti-employment discrimination has many deficiencies, so it is difficult to carry out effective relief for the workers. Based on this, this paper start from the need for legal remedies, status inspection, drawing on comparative law, system's building and improving to discuss China's legal remedies of anti-employment discrimination comprehensively, with a view to protecting the worker's employment equity.This paper is divided into five parts.The first part is the general relief of employment discrimination and legal remedy of anti-employment discrimination. First, this paper elaborates the conception of discrimination and employment discrimination, and simultaneously analyzes the manifestations and standard of employment discrimination; second, this paper expounds the connotation and the specific ways of the legal remedies of anti-employment discrimination.The second part is the necessary analysis of improving China's Legal Remedy System of anti-employment discrimination. This part expounds the necessity and urgency of improving China's Legal Remedy System of anti-employment discrimination, with the perspective on legal analysis of protecting the worker's basic human rights and achieving social justice, as well as the objective analysis on the widespread situation of employment in reality and on the contradiction of the lack of legal remedies.The third part is the review of China's current Legal Remedy System of anti-employment discrimination. This section firstly analyzes the current legislation status of China's Legal Remedy System of anti-employment discrimination. And on this basis, this section emphasizes the deficiencies and the shortcomings of China's Legal Remedy System of anti-employment discrimination. The fourth part is the international reference of Legal Remedy System of anti-employment discrimination. This section firstly detailed analyzes America's legislation and ways of legal remedies of anti-employment discrimination with a vision on the study of comparative law. On this basis, this paper summed up the enlightenment from America's Legal Remedy System of anti-employment discrimination to us.The fifth part is the construction and improvement of China's Legal Remedy System of anti-employment discrimination. This section elaborates the improvement of China's Legal Remedy System of anti-employment discrimination from the legislative, administrative relief and judicial relief. On the legislation level is to enact "the prohibition employment discrimination law"; on the administration level is to put the employment discrimination into the labor dispute, and to provide security on the effective implementation of the labor inspection system; on the judicial relief level is mainly to set up judicial review system, and to set up the public litigation system of employment discrimination...
Keywords/Search Tags:Employment discrimination, Employment equity, Legal remedy, System improvement
PDF Full Text Request
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