Research On Equal Employment Right Protection Under The Constitution

Equal employment rights is the combination of citizens equal rights and employment rights, of all citizens in the process of career and employment, the right to equal treatment. As a basic constitutional right of every citizen, has the constitutional right to equal employment property, the rule of law as a product of modern society, the right to equal employment is also an important social rights of citizens. Employment of a country concerned but the national economy and cause, how to prevent employment discrimination in the system, not only concerning a constitutional right can be fully guaranteed, it is related to social stability and people's happiness event. At present, facing a severe employment situation and employment discrimination, the Equal Employment Protection for further study, it is particularly necessary.Although China through a series of legislation, the initial establishment of the right to equal protection of employment law system, also established the Equal Employment Protection of attitude from the administration, relief, etc., but based on ideological, political and economic factors make the current Equal Employment right protection in system design is imperfect, imperfect legislative system, administrative protection is not in place, poor access to remedies and other issues, which will lead to employment discrimination still exists, equal employment rights not get effective protection. Through the use of comparative analysis, research the European Union, the United States and other legislation for the Equal Employment Protection of practice, after interpretation of the historical evolution of the Equal Employment Protection, refining our country to the Equal Employment Protection Legislation Practice substantive and procedural law. The above analysis, it should be perfect from the legislative, executive protection and relief three aspects of the Equal Employment Protection, including anti-discrimination legislation should develop the Basic Law, the removal of anti-discrimination legislation inoperability; aspects of administrative safeguards shall improve the employment of labor discrimination monitoring mechanism to increase the reward and punishment in equal employment, strengthening the role of government in education demonstration guarantees of equality in employment; improvement of judicial remedy in relief, the establishment of specialized anti-discrimination bodies.Paper is divided into six parts:The first part, Introduction. Reading this article topics source, show the theoretical researches on equal employment rights and their protection in the literature review, presented in this article based on theoretical and practical value to explain the research methods and innovation of the paper.The second part, the theory of the right to equal employment constituted. As the theoretical part of this article, the concept referred to herein will be defined, such as equal rights, employment rights, etc; Analysis of Origin and Theoretical Foundation of equal employment rights to generate, the former including human rights and social welfare ideological thought, the latter including human rights security Studies and the theory of equality; the core of the proposed article, that the constitutional property right to employment equality.The third part, the legislative practice of equal employment rights. This part is divided into two parts, one practice extraterritorial legislation, the second is about the Equal Employment Protection of the legislative practice. Practice extraterritorial legislation introduces the specific circumstances of the European Union and the United States, and then to show the historical evolution of the right to equal protection of employment after the analysis of the current Equal Employment Protection of the legislative practice of substantive law and procedural law.The fourth part, analysis the conservation status of equal employment rights. The current status of the problem of equal protection of employment rights that exist were analyzed, including legislative, administrative protection, and insufficient relief superior existence; on this basis, for the cause of the problem was explained, including Thought factors, political factors and economic policies are three factors, laying the groundwork for the perfect proposal presented below.The fifth part, improve the Equal Employment Protection recommendations. As well as relief for the upper part of the fourth legislative, administrative protection on, one by one put forward the corresponding improvement proposals.