Study On The Legal Regulation Of Chinese Civil Service Recruitment Discrimination

The right of equality is the basic human rights guaranteed by the constitution, sothe constitutions of the majority countries around the world have clearly madeprovisions to guarantee this right. The citizen’s right of equality and the right ofmanaging state affairs are also explicitly stipulated in our Constitution, but thephenomenon of discrimination in the civil service examination and recruitment are notrare. The discrimination on the ground of applicants’ age, height, gender, health, andarea and education background obviously violates the Constitutional spirit of thecitizen’s equal right. Researching the phenomenon of discrimination in the civil serviceexamination and recruitment help spread the legal idea of equality in employment andhelp citizen realize the right of equality. Besides, it can help citizen strengthen theawareness of power and help the government deepen the equal idea, and it also hasimportant significance for building a harmonious society.Based on the research of the system of the examination and recruitment and theemployment discrimination at the home and abroad, this paper theoretically analyzes thephenomenon of discrimination appeared in the process of the current civil serviceexamination and recruitment of our country, and then comes up with perfectsuggestions.Chapter1: the introduction. The first part mainly introduces the researchbackground and significance of the civil service examination and recruitment. Thesecond part overviews the current research status and achievement in the field of thecivil service examination and recruitment and the employment discrimination at homeand abroad. The third part states the research tools and methods used in the process ofcreating this paper.Chapter2: the basic theory of legal regulation about the discrimination of the civilservice examination and recruitment. The first part states the idea and reality of the civilservice examination and recruitment, and proposes the assumption of the ideal state ofthe examination and recruitment compared with the current situation in our country, and then puts forward many discriminatory behaviors. The second part states the basictheory of the discrimination of the civil service examination and recruitment on thebasis of analyzing the legitimacy, the necessity, and the feasibility of the legal regulationof the civil service examination and recruitment and employment discrimination in ourcountry.Chapter3: the comparative investigation of the legal system of the discriminationof the civil service examination and recruitment and in foreign countries. The first partrespectively states the legislations in foreign typical countries. The third part analyzesand summarizes the enlightenment given by foreign status based on the previous twoparts.Chapter4: the current status and problems of the legal system of the discriminationof the civil service examination and recruitment in our country. The first part uses theannouncement of2011-2012Sichuan civil service examination and recruitments anexample to illustrate the discriminatory forms of the civil service examination andrecruitment of our country and its elusiveness, and then proposes the necessity of legalregulation. The second part points out that our country lacks the legal regulation of thecivil service examination and recruitment and employment discrimination.Chapter5: the legal regulation of the discrimination of the civil serviceexamination and recruitment in our country. The first part proposes that we shouldestablish special anti-discrimination law, and come up with relevant legislativesuggestions. The second part suggests that we should perfect the existing legalregulation, such as expanding the range of laws and regulations on employmentdiscrimination, enhancing the relevant laws, specifying legal responsibility ofemployment discrimination, and so on. The third part puts forward some suggestions ofperfecting the legal regulations; and suggests that establish special anti-discriminationorganizations and increase the intensity of compensation.