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Consideration Of Legislation Of The Anti-discrimination Law

Posted on:2011-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:W DouFull Text:PDF
GTID:2166360305451737Subject:Law
Abstract/Summary:PDF Full Text Request
Along with our country socialist market economy, the rapid development of social appeared on a variety of discrimination. Discrimination problems emerge in endlessly, are called-are, in fact not equal covers from the rough until the institutional inequality individual concepts almost all of the social sciences. This not only hindered the sound development of socialist market economy, also not in conformity with the construction of the socialist harmonious society. This means that discrimination is no justification of some act or event requires the necessary conditions for the two sides to have distinction, this shall be the same interests without interest or make one should not get benefit of party should not get benefit, Social fairness, justice and equality to damage behavior. There are many harmful discrimination:hit the individual initiative, damage the dignity of personal growth, development; Discrimination affect social stability and unity, the construction of the socialist harmonious society; Discrimination against the sound development of socialist market economy, society, resources cannot effectively configuration to a certain extent; the economic development of the invalid willfulness; Discrimination is detrimental to the state constitution, legal authority. Discrimination is essentially resources possession and distribution imbalance, the limited resources and scarcity and distribution system is the economic root discrimination. There are differences will discrimination, it is the inevitable phenomenon of human society, but also the social root of such discrimination. China has long recognized Confucian "is" no obligation for guidance on the values of cultural root is discrimination. In the absence of laws against discrimination legislation of law. Discrimination influenced the development of individual citizens, social stability and unity, the healthy development of the economy and the construction of the socialist harmonious society.Therefore, we must take measures to combat discrimination as soon as possible. But China is still in the field against discrimination legislation stage, the current lack of imperfect legislation, lack of executable, legal principle, the detailed rules for the implementation of less than, operability. The constitution and the law of the provisions prescribed for discrimination, and too little provisions, lack of practical operability principles. The protection of women's rights and interests and the regulations on the protection of disabled persons only for one kind of people's right to employment protection, and also insufficiently specifically clear. In the United States, Britain, Australia and Hong Kong area discrimination legislation has walked in the forefront of the world, they have the basic discrimination, or have the special law, or have discrimination against the main discrimination or the special anti-discrimination laws. Overall, they have established a complete set of legal system, and the discrimination within the legal system, mutual complement, exists in the society will most discrimination problem into its scope.But the law is formulated to discrimination, including the law judge rules, the classification of discrimination, discriminated against legal responsibility for that, by the way, and the discriminator relief and compensation system, thus make exceptions for sexual regulation of law has strong maneuverability. Practice has proved that these countries or regions of the purpose of legislation is obtained to realize, discrimination in the specialized agency which cannot be ignored. This paper introduces the USA, UK, Australia, China, Hong Kong and the region discrimination legislation against discrimination specialized agencies, and attempts to find to formulate laws and build China against the equal opportunities commission something useful. Finally, this paper puts forward to some specific discrimination legislation suggestion.
Keywords/Search Tags:Discrimination, Anti discrimination legislation, Anti discrimination Experience and Reference, The equal opportunities commission
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