The Employment Gender Discrimination Legal System Research In China

The protection of the legitimate rights and interests of the citizen equal employment, is a basic requirement for human rights. In the modern social and economic rapid development, the increasingly high demand for equality between men and women, how to effectively protect workers against discrimination in employment, become all the countries in the world have common interests andsolve the problem, it is from this perspective, the international community through a series of conventions, the laws of various countries also have to China’s current laws, but not on the "discrimination" and "sex discrimination" concept to make clearly defined, only in some scholars, the concept of gender discrimination has made theoretical definition. The development of market economy, have put forward higher requirements on the unit and the laborer, the employing units to freedom of choice in expanding, laborer’s rights awareness is enhanced, gender discrimination in employment is also more and more attention by the whole society.At present, defines the current law has not the concept of gender discrimination and gender discrimination in employment, also not specified type and judgment standard of sex discrimination in employment. The difference of sex discrimination in employment and the use of the employer’s right to freedom of choice, in judge whether there is discrimination in the process of identification of "work relatedqualification" is an important part of the market economy, giving the freedom of choice by the employer, but the right is subject to the right of equality constraints,an important method to balance this contradiction is how to determine the "work related qualification", if a "work related qualification", does not constitutediscrimination, on the other hand, is a gender discrimination. Sex discrimination in employment, serious damage to women’s equal rights, resulting in the talent market supply and demand balance, the impact of female self perfection and achieve their own emancipation; solve the sex discrimination in employment to improve the relevant laws, the establishment of gender discrimination in employment of specialized agencies, to perfect the system of burden of proof, the construction ofthe lawsuit relief mechanism and so on. The current law of our country does not have a unified employment gender discrimination criterion, the provisions of the sex discrimination in employment, the lack of operability, birth insurance does not fully consider the women’s physiological characteristics, the relief way is not perfect, the burden of proof liability provisions are too principle, the competent authorities are not clear, authority duty not clear. Environment condition of the society seriously affected the women’s equal employment, the lack of awareness of equality between men and women in feudal society, the traditional thought control, maternity insurance system is not perfect and so on, these factors aggravate women’sburden, affecting the development of women. In addition, the provisions of China’s current legal system of anti sex discrimination in employment is not perfect, such as the concept of clear, relief way stipulation, allocation of the burden of proof and so on, are still need to be solved further properly.In view of the above problems, to solve the employment gender discrimination can be considered from the following aspects:one is to establish the "anti sex discrimination in employment law", two is the connotation, the scientific definition ofsex discrimination in employment of the extension and the judgment standard, the three is the establishment of anti sex discrimination in employment mechanism, fouris clear and expand employment gender discrimination lawsuit relief way, five is to establish the system of burden of proof reasonably, the six is to improve therelevant supporting system.