Researches On Discrimination In Employment And Its Legal Regulation Of China

Fairness is the eternal objective for humankind to pursue; employment is the basis of people's livelihood, the strategy of stabling a country, the effective and important means to better people's life. Implementation of fair employment and anti-discrimination against employment are not only related to China's economy and people's life, it is an inevitable requirement of China's socialist system. The emergence of employment discrimination is undoubtedly contrary to the requirements of fair employment. Discrimination in employment is the relentless irony of harmonious society. If we could compare the harmonious society to a touching ensemble, then the appearance of discrimination in employment just as a very discordant note in the music, which inevitably will affect the effects of overall ensemble seriously. Discrimination in employment is neither unique to our country, nor is it a sudden phenomenon in today's society, but a universal and long-term existing problem. There appears unfairness of employment in different historical periods and to different degrees, which varies among countries and regions. People have not focused on the problem of discrimination in employment until modern times, with the growing consciousness of rights, people begin to focus and put emphasis on the problem. What's more, the research and legislation on this aspect start to increase. However, the right consciousness of people has being weak under the long period of feudal autocratic rule so that people are lack of law consciousness and in the state of tacit acceptance to the unfairness in employment, even though our country has implemented the reform and opening-up for thirty years. Therefore, to some extent, discrimination in employment has intensified in our country, which is related to the collective unconsciousness of nationals.Now, as all kinds of talents mushroomed in China, the labor market shows persistent oversupply, especially the outburst of economic crisis makes the situation worse. In the severe situation of employment, discrimination against employment appears more serious. Lack of timely, efficient, comprehensive and appropriate solution will lead to lack of protection of fair employment, and finally it will influence social stability and hamper the construction of harmonious society. But now laws for the protection of our citizens on fair employment are essentially constitutional, and declaratory, not being of practical feasibility. On the basis of the features of law mentioned above, we believe that the acceleration of legislation on fair employment becomes imminent. Now it is urgent that a special law against employment discrimination should be formulated to make a reasonable regulation against employment discrimination so as to effectively reverse the grim situation of employment discrimination which is intensified. Centering on these aspects, the definition, cause, main forms, social harm and present situation ofChina's employment discrimination and its current legislation, the thesis puts forward reasonable suggestions that will be beneficial to prevent effectively employment discrimination by means of legislation, law execution and judicature. The thesis will be also beneficial to guarantee fully the labor's right to fair employment and promote social towards a rational and harmonious direction.