Discrimination In Civil Servants Recruitment Legislative Control

Discrimination in civil service recruitment is a phenomenon that the state civil service recruitment departments set various of unreasonable restrictive conditions in the process of recruiting public servants, thus the applicants can not acquire equal chance to compete and their equal rights to employment and participation in public affairs are violated. It is of great significance to eliminate the discrimination in the civil service recruitment. To perfect the legislation in this area is not only conducive to the realization of the basic value of equal protection of rights in the constitution, but also helpful to cultivate the rights awareness of citizens, and beneficial to the establishment of a harmonious society. The major defects of the existing legislation on the elimination of the discrimination in the process of civil service recruitment include: the imperfect legislative principles, insufficient powerful substantive and procedural regulations and under-developed legislative skills. There are several historical, political and economic reasons behind the defects of the legislation on the elimination of discrimination in civil service recruitment. Firstly, the weak awareness of people's equality, male superiority, and other feudal concept of traditional culture, and unreasonable discrimination in employment system, are social reasons. Secondly, China's civil service recruitment policy guide is unreasonable; position classification system is unscientific; driven by economic interests, local governments adopt the policy of local protectionism. The third reason is economic one, which includes the imbalance of social resources possession and distribution and employers'seeking for maximization of benefit. In order to combating the discrimination in the civil service recruitment, the legislation can be improved in following aspects:to redefine the principle of equality, to establish the principles of good faith and procedural participation, to perfect the substantive law relevant to civil service recruitment, to solve the conflicts of laws, executive regulations and local regulations, to enlarge the range of anti-discrimination in recruitment, to formulate reasonable and scientific criteria for recruitment, to regulate the procedure of recruitment, to make the employers bear the main burden of proof, to expand the means of remedy and specificate the legislative skill of recruitment.