The Employment Discrimination In Our Country Under The Rule Of Law Research

Essentially, employment discrimination damages the right of the citizens, and it also damages the equality during of the employment, but also damages the public interest of the community, which also causes a severe credit crisis. The existence of the discrimination in employment is a hidden danger to the social order and stability, it is worse to people who are not in work. In particular, it is more dangerous to the special and vulnerable groups of workers. Our country is in period of social transformation, with a variety of social contradictions intensifying, the discrimination in the employment context is also growing. Along with all sectors begin to give great attention to this phenomenon, particularly to the legal professors, they have passed some laws and regulations about prohibiting discrimination in employment, against discrimination in employment have achieved certain results. On the one hand against discrimination in employment has problems on the system itself, such as the provisions on discrimination in employment is too principled, it is lack of interoperability; it is lack of a definition of discrimination in employment;it is lack of the special provisions relating to employment discrimination on the burden of proof; it is lack of provisions on liability employment discrimination. When the victims suffer discrimination, they are lack of an effective relief of the mechanism;victims are unable to defend their own interests. This paper focuses on these issues, I put forward a number of specific measures, such as in the development of a specific regulation against discrimination in employment Act of, and improve the existing equal employment or line of anti-discrimination laws;establishing the equal opportunities for employment dedicated institution in our country, receiving and resolving discrimination cases, the concrete measures proposed this article, I hope that it can help defense the employment discrimination of China, so as to effectively safeguards the legitimate rights and interests of the victims.This article comes from the five-part discussion on anti employment discrimination system of building: The first part is the introduction.The second part is mainly about the academic definition of discrimination in employment. Firstly I would like to introduce the equal right, the equal right is a fundamental human right, however, such rights are often overlooked in the real world, and the discrimination is widespread. On the employment market, this phenomenon is also a growing trend, and finally I analysis how to identify employment discrimination.The third part is about employment discrimination in the formation of China’s present situation and its causes. Although we have specification behavior in China’s system of laws and regulations, for now, this phenomenon is improving trend, it has seriously undermined China’s employment market order, it has a tremendous negative effect:it affects the normal development of the economy; it affects the development of the personality rights;it affects the play of the human potential and utilization of social resources;social fairness and justice; effect of construction of a harmonious society. In response to this phenomenon, the author analyzes the causes of it from the perspective of macro-micro-dimension dimensions.The fourth part is mainly about existing laws against discrimination in employment system in China and its defects. In the existing laws and regulations in China, it has parts of the regulating employment discrimination on the one hand, but the legal system itself is defective. These laws against discrimination in employment system in China itself are flawed;the laws about against employment discrimination law that prohibit discrimination in employment are too narrow in scope; they are lack of effective remedy mechanism of laws against discrimination in employment.The fifth part is primarily against employment discrimination law-of-system improvement and implementation paths. In this chapter, against employment discrimination against China’s rule of law problem arising in the course of, the author proposed a number of measures, such as perfecting the legal system against discrimination in employment, development of basic law against discrimination in employment, equal employment or to improve existing line of anti-discrimination laws, modifying the existing common law;Improving the awareness of the community’s equal employment; setting up a special equal employment opportunity institution; building an employment discrimination lawsuit developed.