Research On The Legal Protection Of The Employment Right Of The Disabled In Our Country

Employment is the foundation of people's livelihood.For the disabled,being employed is not only the important way to be independent and to realize their own value,but also the important symbol of a nation's economic development level and the advancement of society and civilization.Therefore,the employment situation of the disabled is internationally concerned.The legal protection of the employment right of the disabled is the most powerful guarantee of protecting the rights of the disabled.Only under the guarantee and support of the law,can other policies and measures in protecting the employment rights of the disabled be better practiced.However,they may encounter with all kinds of difficulties in real life.It not only is harmful for the realization of the values for the disabled and the harmony of their families and even the whole society,but also violates human rights of the disabled.This paper attempts to analyze the problem of legal protection for the employment of the disabled in China,the specific content is divided into the following five chapters:The first chapter using the method of concept analysis,starting from the meaning of the employment right of the disabled,the employment rights of the disabled and were defined;secondly,analyzes the property right of the employment of the disabled,the employment rights of the disabled have the benefit of property rights and equal rights,right to social assistance;finally,from three aspects of human rights equality and justice,the legal basis of the employment right of the disabled are analyzed.The second chapter describes the employment status and path of our country and the problems of the disabled,mainly through detailed analysis of issues related to the employment scale,employment level,employment path and employment rights protection,provide a basis for the following discussion of legal protection system for the disabled.In the third chapter,based on the multi-level analysis on the employment of disabled persons legal protection system in our country,the lack of legislation,law enforcement and judicial lack lack of detail,with a view to improve the legal system of China's disabled people to provide targeted guidance.The fourth chapter uses the comparative analysis method,analyzes the legal construction of the disabled the United States,Germany and Japan security system and its special system,in order to provide reference for the development and perfection of the legal system of our country.The fifth chapter is about the legal protection system of the employment right of the disabled people from legislation,law enforcement and judicial and other related aspects of the security measures proposed.The legislative aspects emphasizes on "anti employment discrimination against the handicapped",revised "Regulations",the employment of the disabled people refine the reality of the employment of the disabled supporting regulations and improve the unemployment insurance system;law enforcement emphasizes clear government and its departments of law enforcement responsibility,establish special protection agency,the employment of disabled persons to strengthen law enforcement supervision;judicial procedure emphasizes the establishment of inverting the burden of proof in litigation,the disabled the trial,sign language and translation,the litigation fee waiver,the employment rights protection and a series of legal aid system,in order to better safeguard the rights and interests of the disabled employment.