Study On Legal Criterion Of Sex Discrimination In Employment

Sex discrimination in employment is the employment discrimination on grounds of sex, which has aroused widespread concern in the world. At present, the contradiction between the supply and demand of the job market in our country is sharp, the existence of sex discrimination in employment increased to the severe employment situation in some extent, making it more difficult to female employment. Regulation the sex discrimination in employment through legal means to provide equal employment opportunities for women workers, to protect their basic labor rights, is the starting point and destination of anti-sex discrimination in employment in our country. However, the lack of anti-sex discrimination in employment legislation, about what sex discrimination in employment, the basic question of how to determine the existence of sex discrimination in employment is still considerable controversy, which is not conducive to the realization of woman’s equal employment rights. Legal criterion of sex discrimination in employment is the focus of solving the employment problem of sex discrimination, is to determine whether the employer constitutes sex discrimination in employment on the basis of the criteria in the law. No legal criterion, you can not identify whether the employer constitutes sex discrimination in employment. However, this criterion in the legal standards of the regulation of sex discrimination in employment is very vague, academia little research on this. Based on this, this article in analyzes our country to establish employment discrimination law criterion, on the basis of the practical difficulties faced by drawing from employment discrimination law criterion of typical patterns and Chinese scholars both point of view, tries to set legal judgment criteria of employment discrimination in China to provide feasible basic train of thought.Exception of the introduction and conclusion, the text is divided into four parts:The first part mainly research from the definition of employment discrimination, with dialyzing employment discrimination criterion in more scientific perspective, clarify the meaning of employment discrimination legal criterion, and analyzes the theoretical and practical significance of establishing legal criterion of sex discrimination in employment in our country.The second part mainly combined with the "sex discrimination in employment in the first case", then analyzed the practice dilemma of establishing the legal criteria of sex discrimination in employment law in our country. Mainly divided into three problems, whether respectively of sex discrimination in employment should be incorporated into the legal problem, whether the right boundary problem of sex discrimination in employment in the identification of workers and enterprises of both sides and the sexual discrimination in employment legislation and judicial relation coordination.The third part mainly analyzes the establishment of typical patterns of sex discrimination in employment legal criteria, including the the mode of typification in Britain and USA and the mode of plea instance in Germany, to bring some enlightenment of the basic ideas, to establish the legal criteria of sex discrimination in employment in our country.The fourth part mainly expounds the basic ideas of the establishment of legal judgment standard in the employment discrimination in China. In the integration of ideas which based on the scholars in our country, and put forward the countermeasures and suggestions of the establishment of the sex discrimination in employment.In future legislation in our country, first of all, by the constituent elements specified sex discrimination in employment and exception,clear the meaning of legal criterion of sex discrimination in employment, and listing typical manifestation, bring the employment sex discrimination into legal regulations; secondly, to determine the equal right to employment and labor the scope of rights of autonomy and the right to draw the boundary of workers and employers; and finally, a clear exercise of discretion in principle, coordination the relations of legislation and justice in sex discrimination in employment.