Study On Legislative Assurance System Of Discrimination Against Employment

Employment discrimination is one kind of serious social phenomena currently happening in our country, there is always new case after another, which has affected the healthy operation of labor market, development of national economy, as well as achievement of our goal of establishing legal society in our country. In recent years, the cases ranged from "The First Case on the Discrimination against HBV Carrier in China", and "Discrimination against Henan People" took placed in Guangdong to the first suitcase again employment discrimination took place in Wuhan City, reflect the status of employment discrimination in our country. As a result, establishing and completing laws mechanism against employment discrimination is the key measure to solve employment discrimination matters and to protect citizen’s right in equal employment. We should learn from overseas legislation experience related to anti employment discrimination based on our national conditions; and improve the current laws and regulations and establish a legislative assurance system of anti employment discrimination conforming to the reality of our nation while standardizing the autonomous right of employee selection of employing units such as enterprises and making efforts to increase employment opportunities.This paper is divided into three parts:The first part introduces the law guarantee system against employment discrimination. Firstly, it puts forward the employment discrimination and anti-employment discrimination issues from two aspects including that employment discrimination violates the requirement for social civilization progress and anti-employment discrimination embodies the legal system’s justice for the society by combining China’s employment discrimination status quo and related cases. Secondly, it summarizes and analyzes the law guarantee system against employment discrimination, namely including both the international and Chinese law guarantee system against employment discrimination.The second part systematically points out the main legal problems and defects existing specific to the current legislative assurance system of anti employment discrimination of our nation. First, problems existing in the legislation of anti employment discrimination; second, The problems existing in the enforcement of anti employment discrimination; third, problems existing in judicial relief of anti employment discrimination. Finally, I’d like to point out that there are deep social roots in employment discrimination, which are closely related to the large numbers injustice and imperfection of the current social system.The third part is the main part of the article. In this section, the author would direct go to the point and discusses the idea of a perfect protection system for China’s anti-employment discrimination laws. Firstly, the institutional basis for the discrimination in employment must be eliminated, that is to say, the following three aspects should be realized, urban-rural separation of the household registration system should be changed; build a fair social security system and promote fair education system. In that way the institutional basis of employment discrimination can be eliminated. Then specific suggestions on the improvement of security system for anti-discrimination employment law is put forward, which is to formulate national anti-discrimination employment law and establish executive body of anti-discrimination employment, to strengthen the law enforcement surveillance related to anti-discrimination employment by government and labor unions, to ascertain the coordination role of the government in the labor balance in the whole society. and to perfect judicial relief system of anti-discrimination employment.