Legal System Of Anti-discrimination In Employment

Labor is not only a basic way citizen access to the property, but also the citizens of the main ways to achieve self-worth. Our Constitution provides that our citizens have the right and obligation to work has a dual nature. As a right, the right to work is a power system that is constituted by a series of rights. The right to employment is the basis and prerequisite for labor rights, labor rights is the most important child rights. Refers to a right to employment and the ability to work the citizens of working age in the labor market can freely choose the employer and thus the opportunity to participate in social labor rights. It includes three aspects:career get right, the right to freely chosen employment rights and equality. Occupational performance of the worker has obtained the right to require the State to provide job opportunities and the right against unreasonable dismissal of the employer’s rights; freedom of choice of employment refers to workers based on their willingness to choose occupations, including whether to engage in labor, in which labor and when engaged in other aspects of labor’s right to choose; equal right to employment is the worker has the right to equal access to employment opportunities.In recent years, China’s labor market has attracted more and more attention of the society. One reason is that the employment relationship with every citizen and every family the vital interests of the other is because the labor market appears on a wide variety of employment discrimination is very prominent. Employment discrimination in our country to be getting worse by the social contradictions have caused extreme manifestations, it is necessary to adopt a method including legislation to regulate and intervene. Currently, China’s anti-employment discrimination legislation there are still some difficulties, such as the dispersion of legislative representation, employment discrimination provisions of the closed nature of the tradition of sharing the burden of proof, the constitutional field of dispute resolution, civil liability provisions of principle. To overcome these difficulties, to achieve unity from dispersion to from closed to open, from constitutional law to labor law, from traditional to modem, from principles to concrete changes. Based on the structural arrangement of four parts:The first part is anti-employment discrimination overview of the legal system; second part of the legal system against employment discrimination problems; third part of foreign anti-employment discrimination provisions of the legal system as well as on China the reference:fourth part improve our legal system against employment discrimination specific recommendations.The first chapter mainly as anti-employment discrimination legal system overview. Basic issues including employment discrimination, employment discrimination against the legal basis of the legal system, the legal system against employment discrimination need three parts. Anti-employment discrimination legal system is a set of system composed of the legal system, and its employment discrimination in question is subject to the rule of law as a means to build a fair and reasonable job market, for the purpose of protection of human dignity. From the overall sense, recognize and maintain employment discrimination unreasonable dominance, resulting in the polarization of society, causing social injustice, and discrimination in employment will also solidify the social status of vulnerable groups, blocking the flow of social channels, broken ring society as a whole welfare; in the individual sense, no one can deny that employment discrimination is a violation of human dignity, and in a similar capacity can be competent in the case of a career, with their wanton denial of a person’s value, which both how is contrary to the basic concepts of justice.The second chapter content for our legal system, anti-employment discrimination problems.Including the country’s legal system against employment discrimination inadequate legislation, the right remedies single, government departments in the anti-employment discrimination in the absence of the legal system in three parts. Rule of law is a means of anti-discrimination in employment, which avoids wanton violation of rights. However, the premise of the rule of law is the need for specific legal rules and the meaning of the Court’s interpretation of the law, the administrative body in the course of enforcing the law are subject to the rule of law dominated extrajudicial not exercise discretion. However, China’s current legal system of anti-discrimination in employment on the road in the absence of the rule of clear guidelines as to uphold the rule of law at the helm of the court’s judicial restraint philosophy, resulting in the field of anti-discrimination in employment issues rebirth.The third chapter contents for foreign anti-employment discrimination provisions of the legal system as well as our reference.Including foreign legal provisions against discrimination in employment, employment discrimination against foreign legal system reference to China in two parts. Most of the world countries and regions to make provision for employment discrimination, on the anti-discrimination regulations, the practice and theory more perfect than the United States and the European Union, the United States through the wealth of case law and congressional legislation construct a perfect system, the European Court of Human Rights through a series of judgments, and gradually unified European Law Human Rights Law. EU as a federal body politic toward their attitudes on employment discrimination undoubtedly have an important role.The fourth chapter mainly as improving the legal system of employment discrimination against specific proposals.Including the improvement of relevant legislation, the formation of multi-channel relief pattern, build government departments to actively regulate the legal system of employment of three parts. Construction of any legal system will not be lonely phenomenon but rather a series of systems associated with this combination of anti-discrimination in employment in terms of the legal system, including legislative, administrative, judicial, society as a whole construct, the lack of any one aspects of legal regulation is doomed to bring appropriate legal changes. I learned from the legislative, judicial, administrative building of three anti-employment discrimination legal systems.