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Research On The Judicial Relief Of Employment Discrimination

Posted on:2017-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:H X WuFull Text:PDF
GTID:2296330482999853Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Equal employment right is one of the most important aspects of the labor rights, labor rights realization depends largely on whether the equal employment rights protection in place. Since the last century, the international community, and most countries in the world is more and more attention to the protection of human rights, against discrimination, especially the employment discrimination, advocates the protection of the citizens’ personal and property rights, how to make some of the fundamental rights of equality of each individual to become the international community and paid attention to by all countries in the world the forefront of the subject. As the world’s largest developing country, our country has been advocating equality and protection of human rights, and the law in our country with clearly defined in the constitution, but because of the population of China’s special national conditions, the present situation of human resources and talent resources market oversupply, whether it is in the process of workers to apply for a job, or has already entered a jobs, employment discrimination phenomenon always from time to time, happening in all sorts of dominant or recessive way, in the short term, this phenomenon lead to unfair in the field of employment, damaged the enthusiasm and creativity of laborers, in the long run, not to regulate and improve affect the healthy development of the economy. Therefore, in the country under the rule of law in the process of construction, we must actively respond to various forms of employment discrimination, to learn from the United Kingdom, the United States and Germany in the advanced experience of the employment discrimination, set up special employment discrimination judicial relief system in our country.This paper is divided into four parts:the first part is the analysis explains some basic theory about the employment discrimination, the judicial relief, such as the international convention and foreign system of the more advanced countries is how to define "employment discrimination", and these conventions and national basic situation about the research of this system, this paper expounds the classification about employment discrimination, and starting from the basic principle of social rights and equal rights, the demonstration of the power base the employment discrimination, finally combining history and reality, demonstrates the perfect employment discrimination, the necessity of judicial relief; The second part mainly from the basic concept of related, the United States, Britain and Germany and other countries by means of comparison and analysis the general situation of the employment discrimination, the judicial relief, summarizes the above three countries in the advanced experience of employment discrimination, the judicial relief; Comb the third part mainly illustrates the basic of employment discrimination in our country the judicial relief law, a summary of some of these problems. Employment discrimination always happened around us, affect our each person’s life, when workers employment discrimination, want to seek legal help, but was rejected again and again, the equal employment rights of laborer unable to get the real protection; The fourth part is the status in quo of China’s current employment discrimination, the judicial relief is put forward the protection range of the judicial relief from the expansion of employment discrimination, reasonable division of burden of proof of employment discrimination and build a comprehensive employment discrimination from three aspects of legal liability system, the judicial relief to perfect our country’s employment discrimination.
Keywords/Search Tags:Labor Rights, Employment Discrimination The right of Equal Employment, The Judicial Relief
PDF Full Text Request
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