Research On Civil Liability Of Employment Discrimination In China

At present, the protection of equal employment rights of the workers in our country has improved, but still unsatisfactory. There are still many problems in the judicial protection of employment discrimination, which is caused by the lack of regulations of China's civil liability system against the existing anti-discrimination and principled and abstract provisions. In judicial practice, the judge is only applicable to civil or other relevant laws and regulations of the referee, and the anti-discrimination in employment in the civil liability the employer undertakes has its own characteristics. The existing system of civil liability is unable to provide comprehensive and full relief, causing the worker's right of equality employment not well protected. In order to make our country to formulate the law of anti-discrimination in employment as soon as possible, the theoretical discussion on the civil liabilities the employer shall undertakes should be conducted as soon as possible in order to build a systematical civil liability mode, providing a comprehensive, adequate judicial relief for the workers.This paper is divided into four parts:The first part mainly introduces the status quo of judicial protection of employment discrimination in China and the existing problems. The present law of the employing units to implement the employment discrimination assume civil liability provisions is too principled and abstract, which makes workers suffer mental damage and inadequate economic compensation, the court only symbol decision compensation part. Besides, the way of the current civil law is too single, failing to guarantee the workers' equal employment right comprehensively. The problems in the judicial protection and poor existing problems is not only because the Employment Discrimination Litigation is a new kind of action, and the judge is inexperienced and incompetent, and the key point is that the lack of legislation makes the judge fail to conduct laws, resulting in the detriment of the judicial authority and credibility.The second part, based on the analysis and evaluation of China's current anti-employment discrimination legislation of Civil Liability, the lack of legislation and principled regulations is the root cause of workers equal employment rights protection week. Such as "Employment Promotion Law" provisions of article sixty-eighth, the employer shall bear civil liability if they fail to conduct the implementation of employment discrimination. "Civil liability", as one kind of legal liability, the provisions are too principled with units in what circumstances should assume what kind of civil liability not specified. Thus judge can avail himself of the tort liability law or civil law general provisions applicable, which will cause the instability and unpredictability of the method.The third part, the construction of China's civil liability system of anti-employment discrimination is the top priority. The civil liability of anti-employment discrimination types the employer may bear will be discussed in this paper, such as tort liability, liability for breach of contract and liability for contracting negligence. Tort liability includes damage compensation, apology, and punitive damages liability etc.The fourth part, I will discuss how to make judicial practice apply to the existing laws as soon as possible to protect the equal employment rights in the two aspects of legislation and justice, and put forward the solution. At the same time, I will provide preliminary ideas for the future design of China's anti-employment discrimination legislation of civil liability, such as additional mental damages, punitive damages system etc.