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The Defects Of Our Anti-discrimination System And Perfect

Posted on:2012-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z H YangFull Text:PDF
GTID:2206330335471725Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The basic mission that the law existence is to maintain justice, realize the equality. Equality is the most fundamental and important civil rights, the realization of civil rights is directly related to the continuous development of civil rights'system; related to the country's long-term stability and social harmony; related to the economic sustained and rapid development; related to the great principle of the rule of law; also related to the country's unity and prosperity, and its practical significance is unquestioned, but also far-reaching.Building a harmonious society, the social equity and justice is giving more meaning in the pursuit of higher value, such as fairness and justice, against all the privileges, to eliminate all inequality, prejudice and discrimination. However, faced with the day and night renovation of discrimination, people is being treated unfairly because of China's relevant laws and regulations are not sound until now. With the continuous development and awareness of the law, people can not willing to let their own interests have been infringed, they require the State to carry out anti-discrimination legislation, develop a specialized anti-discrimination laws to protect civil rights and improve the legal system.There are many laws and regulations in our country, but they can't to regulate the discrimination in our society in an efficient manner.Therefore, the author try to use a comparative approach, anti-discrimination legislation in the foreign country, combined with our own specific national conditions and characteristics that exist in today's society, the purpose is hope our country's anti-discrimination legislation and practice to make some modest work.There are six parts including the introduction, the body and the conclusion in this paper.The first part of the article is the "Introduction" chapter, the author explained the historical background of the thesis topic, the specific reasons for choosing this topic and research; second, respectively describe the current situation research in the overseas and domestic, explain the problem in today's academic research; finally, a brief introduction of basic research methods used in this paper and the innovations and the defects in this paper. The second part is the level of discrimination and anti-discrimination legislation and analysis section, the author uses sophisticated research methods that have been abroad to summarized the concept of anti-discrimination and discrimination. On this basis, combined with China's specific conditions, author gives the concept of "discrimination" in this paper. First, from the human dignity, social justice and equity, the legal authority of discrimination that has serious social harm, and then further from the economic, social, cultural and legal discrimination in the specific reasons for the formation; Finally, from the social reality, legal system and international trends to describe the necessity and urgency of anti-discrimination legislation.The third part in terms of employment discrimination researching on the situations and the reasons of the discrimination in our country. At first, the author analysis the existence forms of the discrimination in terms of employment discrimination, points out the discrimination is exist in politics, economy, education and daily life. On this basis, the author elaborates the situations of the employment discrimination in further, and analysis the reasons of the employment discrimination.The fourth part of the article that "analysis the anti-discrimination system in our country and it's defects" chapter, the author studied the present situations of the anti-discrimination system. Then analysis the defects of the anti-discrimination system. Specified that lack of specified anti-discrimination legislation, the existed laws and regulations is too narrow to play an important role and so on. The author find the basic reasons of defects of the anti-discrimination in our country, so we can improve the anti-discrimination in our country in further.Part V of the article, namely "how to build anti-discrimination legislation system with Chinese characteristics" chapter, to provide some suggestions to China's anti-discrimination legislation and practice, the particular in the legislation, the legislative purpose, the concept definition and interpretation, etc; in the implementation of institutions and the status, composition and specific implementation procedures and other aspects of the responsible agencies to provide a number of specific measures and recommendations, and on this basis, some specific problems are given some specific, reasonable advice. In the conclusion part, the author summarizes some basic ideas once again and points out the deficiencies of this article and expectations.
Keywords/Search Tags:Discrimination, system defect, perfect
PDF Full Text Request
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