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Perfection Of Anti - Employment Discrimination System In China

Posted on:2015-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:W Z LiFull Text:PDF
GTID:2176330467965277Subject:Economic law
Abstract/Summary:PDF Full Text Request
Equality is a significant value concept in our country. The Third Plenary Session of theeighteenth Central Committee set the targets to safeguard the social fairness and justice andestablish an equal occupation development system. Employment equally is a basicrequirement and basic desire of every citizen. The right of equal employment interdependswith social justice, legal equality and it is also tightly related to the dignity of man,development of personality and stability of our society. So far, the violation of equalemployment in the form of employment discrimination which causes series of social problemsis very widespread and it is also a violation of social justice. In this regard, employment is notonly an economic issue but also a social problem relating to man’s dignity and value and evena legal issue. In our country, there is no specific code against employment discrimination.Although there are some relative articles in labor code and employment promotion act, theirlegal effects are few due to the generalization of these terms and deficiencies of legalresponsibility and relieve approaches. Investigating on employment discrimination andfounding a system of anti employment discrimination are very important and they are theessential requirements to stop the employment discriminations.According to the situation mentioned above, this paper tries to provide some suggestionsfor anti employment discrimination of our country from the view of labor code. Start frominvestigating the basic theories, the author conducts an analysis of the conception, definingstandard and patterns of employment discrimination to find the theoretical foundation and thenecessity of anti employment discrimination. Taking the successful experience of antiemployment discrimination abroad as a reference and combining the existing issues in ourrelative system, the author tries to provide some applicable suggestions of anti employmentdiscrimination from the aspects of legislation, legal enforcement and administration of justice.The main body is divided into five parts:Part one is an interpretation of employment discrimination. It mainly introduces thedefinition, defining standard and theoretical classification of employment discrimination. Theauthor especially points out the important problems in defining issues which is the startingpoint of anti employment discrimination process.Part two introduces the two core relations which should be managed in anti employment discrimination. Because employment discrimination is a violation to employment equality, thefollowing two relationships should be well handled in anti employment discrimination. Thefirst one is the relation between anti employment discrimination and employment equality.The author investigates the important principles of dealing with this relation frommacrographic aspect and microcosmic aspect. The second one is the relation betweenemployment equality and employing autonomy. The author indicates that the opposition andunification in this relation should be balanced so as to reach the fairness and efficiency.Part three is an introduction of experience of anti employment discrimination abroad andits reference value to our country. It introduces the characteristic system of anti employmentdiscrimination of representative countries such as America and Canada and tries to findsomething which can be referred in our practice from them.Part four investigates the actual situation and existing problems in China’s antiemployment discrimination legislation. This part tries to search for the problems existing inour current anti employment discrimination legal system through analyzing the actualsituation of our relative legislation and legal practice.Part five provides some reasonable suggestions for the development of our antiemployment discrimination legal system which is also the final goal of this paper. Vialearning from the excellent experience abroad and studying on the problems in our currentanti employment discrimination system, the author mainly provides his suggestions fromaspects of legislation, public interest litigation and labor inspection. The legislation is theespecially focused part among them. In order to perfect the law of anti employmentdiscrimination, the definition and the defining standard should be clear off, the burden ofproof should be confirmed, the establishment of specific organizations should be applied,legal responsibilities of the wrongdoers should be regulated and the development of remedyapproach and procedures should be carried on. Perfecting the fundamental law of antiemployment discrimination is the basis of anti employment discrimination.
Keywords/Search Tags:Employment discrimination, Equality, The equal rights toemployment, Employing autonomy, Anti-Employment Discrimination Law
PDF Full Text Request
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