Legal System Of China's Anti-discrimination In Employment

Employment discrimination is a universal and long-term problem of the world.Different countries and regions have employment discrimination with variety degrees.Whether national or individuals,this issue has been in a state of cognition inadequate or accepted silently for a long time in our country. With the gradual awakening awareness of the rights,employment discrimination recently has been more and more concerned in academic circles. However,our substantive law and procedural law of the relevant provisions are limited,and academia's theoretical studies are not enough which make us lacking of many anti-discrimination rules.So when workers suffered employment discrimination,they often get into an embarrassing position of couldn't be relieved.This causes employment discrimination becoming more and more serious and can affect social stability.In China,employment discrimination has seriously interfered our goal of building a harmonious society.In such circumstances,it has great practical significance to research systematically the legal system of anti-employment discrimination and carry out legislative proposals to improve China's anti-discrimination in employment.This thesis is divided into four parts;the specific details are as follows:The first part defines the employment discrimination.Researching on the legal system of anti-employment discrimination,the most important thing is to define what constitutes discrimination,and clear the legal criteria of employment discrimination and employment discrimination conducts which determines the basic scope of this thesis.This article holds that the essence of employment discrimination is all kinds of acts which abolish or violate the workers' right of opportunity equality or treatment equality.Employment discrimination includes direct discrimination and indirect discrimination. Taken as a whole,it constitutes an act of discrimination in employment on: Despite differential treatment,it belongs to the exceptions permitted by law; that is commonly known as "with the objective reasonable grounds."The second part sorts out the legal relationships between anti-discrimination in employment and related rights.Firstly,it analyzes the legal relationship between anti-discrimination in employment and equal employment right.The content of equality right is an important theoretical basis for anti-discrimination in employment,and it shows theoretic requirements on the construction of the legal system.The equal employment fight includes equal employment opportunity and equal employment treatment. For the protection of workers' equality right,the same people should get the same treatment and discrimination can not be ruled out.Sometimes, anti-employment discrimination can be achieved though way of taking positive action or special "corrective measures" by government.Only this way can we finally achieve real equality.Secondly,it analyzes the legal relationship between anti-discrimination in employment and labor autonomy right.Hiring autonomy should no doubt be recognized,but it will not defend any person' acts of employment discrimination.Anti-discrimination in employment brings forward the necessary restrictions on the labor autonomy right.The third part presents and reviews American legal system of anti-employment discrimination.The United States is at the forefront all over the world in the exploration to employment discrimination regulation. American anti-employment discrimination legislation has 100 years of history, and can be called world's most comprehensive legal system of anti-employment discrimination.To construct China's legal system against employment discrimination,it has important significance to research and learn from relevant experiences of American legislation.The fourth part focuses on the defects and improvement of our antiemployment discrimination legal system.Firstly,it analyzes the main types of employment discrimination existed in the economic life of our country for deepening the building of China's legal system.Our employment discrimination has following types:gender employment discrimination, residence registration employment discrimination,health disparities employment discrimination,age employment discrimination,height and appearance employment discrimination,disability discrimination in employment and diploma employment discrimination.Secondly,it introduces China's status of anti-employment discrimination legal system.Our current legislation mainly appears in the "Constitution",the "Labor Law", "Employment Promotion Law," "Law on the Protection of Women's Rights", "Law on the Protection of Disabled Persons" and the "Civil Service Act",as well as some administrative laws and regulations.In addition,China has joined a number of international conventions and agreements,so they are also important components of our anti-employment discrimination legal system.It is noteworthy that the "employment promotion law" implemented on January 1,2008 clearly sets a banner:fair employment and anti-discrimination in employment.Thirdly,it analyzes China's existing defects of anti-discrimination in employment legal system.Finally,it gives some proposals to improve our legal system.The author believes that relevant departments should produce as soon as possible the implementation details of the "employment promotion law" to make the law's principles reification and have operability.In the long run,we should enact a special "law prohibiting employment discrimination" when time is ripe and combine specialized employment discrimination laws. Then we can form China's anti-employment discrimination legal framework and guarantee the workers' equal employment right.Finally,this part demonstrates specific issues on the process of improving the legal system such as,such as the concept of employment discrimination,employment discrimination criteria,specialized anti-employment discrimination law enforcement agencies,the dispute settlement system,and the legal duty,etc.The thesis uses three research methods:Firstly,it uses the cross-study method which integrates the knowledge of philosophy and law.In philosophy way,it interprets mainly on the legal relationships between anti-employment discrimination and equal employment right,anti-employment discrimination and labor autonomy right.It strengthens the theoretical depth of this paper. The research on law is the most important part of this paper,and the paper's final outcome is a kind of results on law.Secondly,it uses the methods of comparative study.This paper firstly uses comparative research methods in how to understand the full meaning of employment discrimination,and compares the various international and domestic understandings.This establishes the connotation of understanding throughout full text and does a good job on the back of the latter discussion.Secondly,the thesis compares the legal system of anti-employment discrimination at home and abroad which can provide a useful reference for the perfection of China's relevant system. Thirdly,it uses the method of combing theory and practice or combing criterion and demonstration.From beginning to end,this thesis persisted research under the guidance of theory.It is fully based on practice,and always pursuits the ultimate goals that improve China's anti-discrimination in employment legal system,enable the legal system to effectively regulate the practice,and effectively protect workers' equal employment right.