Legislation Research On Anti Employment Discrimination In China

The employment of laborers is vital to people’s livelihood. Employment discrimination is a globalsocial problem, under the severe employment circumstances, employment discrimination is becoming moreand more serious in recently, Workers in the process of employment, employment and occupationdevelopment all the time do not face in a variety of discrimination. The employment discriminationphenomenon seriously infringed upon the right to equal employment, affecting the harmoniousdevelopment of our society. Adhere to the fair employment, against employment discriminationphenomenon, the basic requirement is the protection of workers right to equal employment, but also themaintenance of the objective needs of the labor market fair and justice. From the beginning of twentiethCentury, strengthen anti-discrimination legislation has become a trend in the world. Many westerncountries under the rule of law on employment discrimination phenomenon mostly established the legalsystem perfect, in contrast, China’s legislation in the regulation on this problem is slightly behind. There isno special discrimination against employment laws in china, provisions on anti employment discriminationis only reflected in the laws, regulations and rules. China’s anti-discrimination legislation has made greatprogress in recent years, but at the legislative level is still faces some shortcomings. The article mainlythrough foreign laws and regulations on anti employment discrimination, based on our current legaldocuments, combined with China’s national conditions of socialism, proposes the consummation legaladvice on China’s anti-discrimination legislation.In addition to this introduction and conclusion, The article mainly divided into five parts:The first part mainly researches background of the problem of employment discrimination, analyses thecause of employment discrimination in our country. Thus further summarizes the types of employmentdiscrimination. Through the comparison of similarities and differences between the InternationalConvention on discrimination in employment, the domestic and foreign scholars on the definition ofemployment discrimination to define views, concerning the definition of employment discrimination inChina againThe second part mainly combs the status of our country’s legislation on employment discrimination laws, regulations or rules, the laws, regulations of employment discrimination, Comparison of legalregulations on employment discrimination, the definition and the legal spirit."the constitution" hasestablished the principle of the equality rights on employment, But the relevant legal provisions prohibitingdiscrimination in employment and safeguard equal employment rights are fragmented and lack of relief onthe basis of the specific. Facing the present employment discrimination law system, our country shouldestablish a special law of "the anti-discrimination in employment "as soon as possible.The third part mainly looks back the United States,Canada, Japan and the European Union and othercountries of employment discrimination legislation development process, combining the current situationof employment discrimination legislation in these countries, summarize the experience and lessons of hiscountry’s employment discrimination legislation and combined with the actual situation in China, toprovide effective suggestions for the perfection of relevant legislation in china. Although the socialbackground of the country and the political, economic system are different, their success inanti-discrimination legislation is obviously.Through the analysis of China’s legislative history and current situation of anti employmentdiscrimination, the fourth part find the principle provisions against discrimination in employment in Chinahas been already ripe, but there are still legal system of employment discrimination incomplete, inadequateimplementation, the system is not perfect and so many problems. Perfecting anti-discrimination legislationstill has a long way to go.The fifth part explains the phenomena of employment discrimination in China which becomes moreand more serious, this leads to a series of social harm. our country on the anti-employment discriminationlaw has many deficiencies, even it is blank. Therefore, to improve the legislation of employmentdiscrimination brook no delay. We should base on our country’s legal practice and legislation environment,at the same time, we should learn from the advanced legislative idea and experience of foreign countries,on this basis, put forward some feasible suggestions.