Research On Civil Judicial Relief System Of Equal Pay Right

Equal pay, involving human survival and development, it not only emphasize social equity and justice for all in terms of universal values,have also stressed the special importance of the workers, with significance of corrective justice, and the pursuit of real equality. It has been incorporated into the the basic human rights. Throughout international organizations, regional organizations, and the major market economies nowadays, they have made a clear definition for the right of equal pay and related issues. They require for the insurance of the empirical and available relief of equal pay in legislation, law enforcement and justice at all levels.By comparison, nowadays in China, although few people will challenge the right itself, but there is no good solution to legislation, and the protection and relief of the right is still significant pale and weak. Experience and logic both show that equal pay is the issue of anti-employment discrimination and protection of the equal rights in the field of employment, and legislative declaration, administrative remedies, traditional labor dispute settlement procedures are not enough to solve this problem. How to break through the limitations of traditional remedies, whether it should be, how to make better remedy of the civil justice system, to achieve protection and remedy of the rights, have important theoretical and practical significance. This is the topic and research object of this article.The main line of this article will be civil judicial relief of the right to equal pay, it involves whether the right should be, could be and how relief to start on through the following sections:In the first part, the basis of civil judicial relief of the equal pay right. There is right, there is relief. The equal pay right is not only a moral right, but also a human right, of course, is subject to legal rights protected by domestic law, and has nature of anti-discrimination in employment. Besides that, this part also includes the analysis of necessity and feasibility of civil judicial relief for equal pay right.The second part, discussion on the civil justice relief system and the system performance of equal pay right in China. It will analyze the characters, problems and causes of China’s current civil justice relief for equal pay right by empirical research method and the typical case analyze method.The third part uses comparative law method to study extraterritorial experiences, teases the convention on Human Rights and the international standards concerning equal pay and analyzes the experience of the EU, the US, and Taiwan with the implementation of equal pay. And then, this article will selectively extract the extraterritorial legal mechanisms, experiences and logic to help the relevant institution building for the issues in China.The fourth part focuses on establishment and development of civil judicial relief system for equal pay right in China. It will demonstrate the logic and rules of the relevant system, pretend the general principles and spirit of building a sound system of civil justice remedies, as well as that, it includes specific arrangements in terms of the cause of action, the burden of proof, the defense, legal liability and so on.It find that: First, it is difficult to relief the equal pay right, because it is hard to put the relevant legislation into force, the legislative is careless and fuzzy; not well unity and cohesion between the legal norms, resulting in labor arbitration departments and courts felt "no legal basis", "deal with the chaos." The cause is the lack of scientific understanding of the nature of the right, it did not make the appropriate institutional arrangements. Second, equal pay for equal work is anti-discrimination in employment, employment discrimination cases have significant differences in the labor dispute in terms of legal relationships, the value of the target, the case processing. In China, the legislative and judicial practice seems more inclined to apply the principle of equal pay for equal work without using a contexts of anti-discrimination in employment, rather than rely on anti-discrimination methods. The lack of due process and the rule of law leads to much more difficulties of equal pay for equal rights. Third, the substance of equal pay is the elimination of discrimination. Besides the ways to improve a variety of remedies, such as internal and external relief, administrative relief, judicial remedies, the specialized agencies remedies and other relief and general litigation, long-term education and guidance in required to wake up the sense of equality of public. Judicial remedies, especially in civil judicial remedy, are more basic, powerful tool.Therefore, this article suggests that: universal values and important position of the right to equal pay should be recognized. The right to equal pay for equal protection and relief needs in a variety of means comprehensive protection. Establishment and development of the civil justice system in the right remedy should be combined with anti-discrimination legislation and institutional practice. Whether the principle of equal pay should be based on anti-discrimination; in respective of the cause of action, the increase in employment and occupation discrimination disputes are civil cause of action, and the equal pay dispute into its next, as an independent cause of action set down in order to distinguish it from ordinary labor dispute. The implementation of the principle of burden of proof inversion, and employer’s legitimate defenses reflect the civil justice and the principle of procedural justice. Employer’s liability and compensation mechanism in tort law are the ultimate protections.