Research Of The Circuit Court Of China's Supreme People's Court

October 29,2015,The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China considered and adopted <The Recommendations for the 13 th Five-Year Plan for Economic and Social Development>.All couples will be covered by ‘two-child' policy.At present,many provinces have completed the revision of the Regulations on population and family planning.The universal two-child policy is being implemented orderly according to law.The paper analyzed the impact on women 's labor rights and interests.On the basis of this,the author put forward some suggestions to improve the laws and regulations that match to ‘two-child' policy.The article was divided into three main parts.In the first part,the author analyzed the concrete manifestation of the violation of women 's labor rights and interests that were violated under the ‘two-child' policy,through a series of cases and investigation data.The analysis included two aspects of women,looking for work and employment.In the process of women to apply for a job,women were facing more serious recruiting discrimination because of the implementation of the ‘two-child' policy,and women who have been employed are also affected by the ‘two-child' policy,such as female workers are fired,adjusted positions or reduced salary because of the ‘two-child' policy.The second part analyzed the present situation of legal protection for women 's labor rights and interests from two aspects of legislation and judicature,and analyzed the deficiencies of it.From the legislative point of view,existing relevant specifications that scattered in the laws and regulations were not specific and they also were lack of practical operability.The ‘two-child' policy lacked supporting laws and regulations to protect women 's labor rights and interests.From the judicial point of view,our country was lack of specialized institutions of anti-employment discrimination,and there were many shortcomings in the current judicial relief mechanism.The third part was mainly to make legal suggestions.In the view of the shortcomings of legislation and judicature,a specialized law of anti-employment discrimination should be enacted as soon as possible and specify the relevant legalresponsibility.So that women could protect their own labor rights and interests,and this could deter the employer who make illegal acts.In addition,in order to avoid the this situation that female laborer were difficult to maintain their labor rights and interests because of weak position,we should establish a mechanism for public interest litigation to protect women 's labor rights and interests.