Study On The Legal System Of Anti-Age Discrimination In Employment

China has a lot of population. The employment directly related to the survival of themajority of the people and the national’s harmony and stability. Employment is vital topeople’s livelihood and also the strategy of the country. Although our country’s labormarket is in continuous construction, but the employment discrimination still exists. Inrecent years，the age discrimination in employment is common, there are manythreshold of the age from the civil service to enterprises and institutions. The existenceof age discrimination in employment not only directly infringes the citizen’s right ofequality employment but also make a waste of resources whether to the individual or tothe society. Along with the age discrimination question highlights, lack of the legalsystem s caused wide attention. Age discrimination ranges widely and its negativeimpact is the largest. In the face of practical needs, we can not ignore the agediscrimination in employment. Otherwise it would not conducive to the development ofthe employment market, also affect the stability of society. Therefore we must constructa law system which is suitable to China’s national conditions to prohibit agediscrimination in employment.The central task of this paper is constructing a legal system in accordance with the lawto prohibit the age discrimination in employment. In the first part of this paper we startfrom the definition of age discrimination in employment and then we clarify the harm ofage discrimination in employment and analyze the necessity of prohibiting agediscrimination in employment. The study of age discrimination in employment in ourcountry starts late and not in-depth. In order to prohibit the age discrimination inemployment this paper introduces some advanced legislative experience of the UnitedStates, Japan and other countries in the second part. In the third part, combined with theactual phenomenon, this paper specifically points the problems of age discrimination inemployment. Based on our country’s legislation present situation and the first two parts,I put forward some suggestions on how to prohibit the age discrimination inemployment. We need to establish the standards of determining and the basis of thelitigation, allocate the burden of proof and built supervision mechanism. Besides, wecan reference the foreign advanced experience to increase the support.The age discrimination in employment has seriously affected the normal operation ofthe labor market. So it is necessary to have research in the age discrimination in employment. We must start from the theory study. This paper starts exactly from thispoint, studying from the theory to practice by using a variety of research methods. Ihope we can find a support of the legal system to prohibit the age discrimination inemployment.