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On Civil Judicial Relief Of Equal Employment Right

Posted on:2013-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:Q M WuFull Text:PDF
GTID:2246330374450923Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Employment is the Thing in People is a policy of bringing peace to; EqualEmployment is an extremely important part of modern society of equal value, is thefundamental way to protect people’s fundamental rights. However, in the presentcircumstances, we must admit: We are facing a double dilemma of inadequateemployment and employment inequality, which employment inequality caused by thenegative impacts and destructive global than we imagined even serious employmentinequalities is one of the most prominent manifestations of social inequality. Withthe rise of the concept of "harmonious society" and "governing for the people","people-oriented" and "scientific concept of development", all workers a fair shareof the reform and development, has become a broad social consensus, the EqualEmployment the fundamental way to achieve this basic goal. It is from this sense,equality and employment rights, this has both a simple plot of civilians, but alsorelated to the democratization of the workplace, diversity and opportunity and soa major issue of social justice, the nature and legal significance, it is no longera simple declaration of rights, but a positive claim, is one of the most commoninterest demands of the broad masses of workers.By type of method, the comparative approach, semantic analysis andnormative analysis from the said three aspects of judicial relief for the rightto equal employment research. The first part of the concept of equal employmentrights, the status quo relief the significance of the study. The second part ofthe substantive issues involved in the equal employment rights in the remedialprocess of research, the main contents include: the definition and standard of therange of subjects of rights, discrimination and related liability. The third partof the judicial relief from the procedural law of equal employment rights research,the main contents include:’censorship, the proper subject, and the burden of proof.I believe that to change the status of equal employment rights in the substantivelaw, the need for anti-discrimination in employment law should be reformed in the procedural aspects of the current ’review system, and develop appropriate burdenof proof for the special nature of the right to equal employment distributionsystem.
Keywords/Search Tags:equal employment right, discrimination in employment, judicial relief, filing review, the burden of proof
PDF Full Text Request
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