Legal Perspective Of Discrimination And Anti-discrimination,

"Everybody is equal in front of law", as a basic principle of legal system, has been written in the national constitutions of most countries; however, there are discriminations of all forms in reality, it not only destroys the effect of equal principle, but also shakes the faith of legal system. It is self-evident that anti-discrimination is of great significance to realizing equality. Therefore, the thesis is about to explore discrimination and anti-discrimination from the view of jurisprudence. The content of this thesis are listed as below:The introduction part mainly introduces the background and intention of this thesis.The first part identifies the discrimination from the view of jurisprudence. First of all, the thesis differentiates and analyses the meaning of discrimination in law and reveals that the innate character of discrimination is unreasonable different treatment. Then, the thesis explains the types of the discrimination in a systematic way. Discrimination can be divided into different types from different angles: the discrimination from state,organization and individual; the discrimination of basic right and non-basic rights; the discrimination to community and individual; the discrimination based on natural factors and social factors; direct and indirect discrimination. Afterwards, the thesis explores the reasons of the discrimination from the points of economy,society,culture and law. Finally, the thesis points out the harms of the discrimination: it not only does harm to the spiritual and material benefits of the persons who are discriminated, but also destroys the equity and justice of the whole society.The second part introduces the basic theories of anti-discrimination. Firstly, the thesis defines the discrimination from the view of jurisprudence. Then, the thesis proves the justice of anti-discrimination in accordance with the basic theories of equity and human rights. The thesis reaches important concepts of two groups: form equity concept and essence equity concept, active right concept and inactive equity concept, meanwhile, the thesis points out corresponding relation between them and the significance of studying discrimination and anti-discrimination.The third part discusses the construction of the anti-discrimination system in the center of legislative regulation. Firstly, the thesis summarizes the basic content of the system construction from legislative regulation and judicial relief, and then expounds the importance of anti-discrimination legislation. Drawn from this, the thesis makes an analysis the commons and differences of anti-discrimination legislation between China and foreign countries and sums up the problems of anti-discrimination legislation in China. On the basis of it, this thesis offers some suggestions on how to perfect anti-discrimination legislation in China.The conclusion part summarizes the arguments and also points out the deficiencies of this thesis.