To Build The Public Interest Litigation System Of Anti-employment Discrimination

Employment discrimination damaged the social fairness and threat to the harmony and stability of social seriously. Due to the restriction of many factors, the citizens or groups seem be difficult to take proceedings of anti-employment discrimination to preserves their own rights. Therefore, the author thinks it is necessary to establish the public interest litigation system of anti-employment discrimination under the rapid development of socialist market economy. This article sets out the current situation of employment discrimination in China. Through the analysis of its existence, harmfulness and the problem of legislative missing, the author attempts to construct the public interest litigation system of anti-employment discrimination by learning from the advanced experience of other countries and Taiwan province, expecting to Provide an effective path to the anti-employment discrimination in China, to establish a good employment order to promote the social development.This paper has five parts: the first part is a simple overview about the public interest litigation of anti-employment discrimination, and introduces the compatibility of the public interest litigation and anti-employment discrimination. The second part described the necessity and feasibility of building the public interest litigation of anti-employment discrimination. The third part is a description about the employment discrimination legislation and dispute resolution mechanism of Taiwan province and other countries, such as Netherlands and the United States, The fourth part put forward the bold vision to build the public interest litigation of anti-employment discrimination with Chinese characteristics by drawwing lessons from the advanced experience of other countries and Taiwan province, expecting by expanding the scope of accepting cases, expanding the plaintiff qualification and the reasonable distrbuting the burden of proof to ensure the equal employment rights of citizens and restrict the employing unit abuse the employers’ right to select employees, The fifth part is the summary of the public interest litigation of anti-employment discrimination in China.