Reseach On Constitutional Regulation Of The Employment Gender Discrimination In China

Employment gender discrimination is a typical presentation on the current issuesof employment discrimination in our country, which is also a serious violation of thecitizens’ privilege of equality stipulated in the Constitution. At present, theemployment gender discrimination is so widespread with great harm that it hindersthe realization of the women’s equality right of employment especially. Therefore, itis necessary to research the gender discrimination in employment deeply, and thenexplore the strategies on anti-gender discrimination in employment from a legal andsocial perspective to make it be regulated by the Constitution. This will have a greattheoretical and practical significance in promoting gender equality, especially theequality in employment, eliminating employment discrimination and achieving thecitizens’ basic equality rights.Firstly, this article overviews the related theories about the employment genderdiscrimination. Then, it elaborates the concept of the privilege of equality and themeaning of the reasonable difference as well as its criteria, based on which it makesclear the relation between the privilege of equality and the reasonable difference.Based on the above theories, the third part analyzes the practical problems aboutthe “female employment discrimination”. No matter from the point of view of thedeterministic subjects, deterministic process or its ultimate purpose, the differentialtreatment in female employment, which is a employment discrimination, is illegalinconsistent with the criteria and features of the reasonable difference totally. This isnot only a violation of the women’s equal employment right but also a trample tohuman rights.However, the researches and the legal regulations on the issues of theemployment gender discrimination in our country still remain backward relatively,which is mainly as follows: the employment gender discrimination is still not bedefined clearly in the legal level, and even the regulations on the equal employmentright are very abstract, so that it is very difficult to practice the anti-genderdiscrimination in employment. Compared to the foreign researches on theemployment equity, especially the researches on gender equality in employment, thestudy of the female’s employment gender equality in our country has a long way to go.Therefore, the current realization of the women’s equal employment right is stillfacing many legal and social dilemmas: extreme understanding of the privilege ofequality, discrimination in the legislation field, general provisions on the employmentdiscrimination, no related detailed penalties with poor actual operability, lackingeffective remedies, no specialized supervisory organ of employment genderdiscrimination and so on.In order to solve the current problems of the employment gender discriminationin our country, we should extract the useful experience and lessons from the world,changing from the negative prohibition of employment discrimination to a positivelegislative protection and diversified resolving of employment gender discrimination.We should transform the relevant international conventions to resolve the issues of thefemale’s employment equality in our country, focusing on the substantive equalityand formal equality of the privilege of equality and making efforts to achieve thespecific and historical unity of the both in practice. Based on our actual nationalconditions, on the legislation, we should introduce relevant legal interpretations of theemployment gender discrimination in the Constitution, enhance the operability of theConstitution and ensure the implementation of the Constitution. On the administration,we should take matched administrative measures to promote equal employment, stressthe government public service functions, clear the existing labor inspection duties’responsibilities and set up new labor inspection agencies. On the academic research,we should strengthen the theoretical research in order to provide theoretical supportfor the improvement of the Constitution and relevant legal provisions on theemployment gender discrimination.