A Comparative Study Of Chinese And American Legal Relief System Against Employment Discrimination

Employment discrimination has become a worldwide social development problem.The endless employment discrimination phenomenon will not only intensify social contradictions,affect social stability and development,but also despise fair human rights violations.The development of the US anti-discrimination legal relief system has gone through a long process.With the development of the civil rights movement,it has gradually embarked on the level of national legislation and formed a relatively advanced and perfect legal relief system against employment discrimination.From the establishment of the United States of America in 1776 to today's world powers,the United States has only spent about 200 years,which is in separable from the measures implemented by the United States in various types of anti-employment discrimination.Employers and employees are born with a balance of labor value.If the phenomenon of employment discrimination is not regulated,it is likely to intensify and lead to a concentrated outbreak of social contradictions.China's current development in the field of anti-discrimination is relatively slow.The development and transformation of the social economy will inevitably require the efforts of the broad masses of workers.Protecting the right to equality in employment,safeguarding social equity,and respecti ng and safeguarding human rights are matters that we must pay attention to in economic and social development.If you ignore these issues,it is likely to cause serious social problems.The current situation of employment discrimination in China has already put forward strong demand for legislation in this field.In comparison with the United States,China's anti-employment discrimination laws and regulations are still not perfect.Although the national system and legal system of China and the United States are different,China should actively learn from and learn from advanced institutional design,so as to base its national realities on the advancement of anti-employment discrimination legal remedies and form the internal driving force for China's social and economic development..This article is divided into three parts:introduction,body,and conclusion.The main body is divided into three parts.The first part introduces the general situation of the anti-employment discrimination legal system in the United States.The second part combines the superiority of the US anti-employment discrimination system to point out the shortcomings of our country.The third part is in the first two parts.On the basis of the legal implications of improving the status of employment discrimination in China in comparison.In the first part of the text,the author takes the development of American history as the context,and expounds the evolution of the US anti-discrimination legal relief system in three periods.From the"free market"to the"New Deal" period,its anti-employment discrimination was in its infancy;during the development of the Civil Rights Act,the United States passed the anti-employment comprehensive law"The Civil Rights Act of 1964",which is a milestone in the development of anti-discrimination law in the United States.It officially established a special law against employment discrimination;in the post-civil rights bill,the development of the US anti-discrimination legal relief system was embodied in the special remedy legislation for special groups and on the issues related to the Civil Rights Act of 1964.Perfected.For the basic content,the author delineates the concept of employment discrimination,divides it into employment subject,the scope of employment discrimination,and the positive and negative definition of employment discrimination,and then elaborates on the concept of anti-employment discrimination,and then combines with Mcdonnell Douglas v.Green.In the case of Griggs v.Duke Power Co.,how the burden of proof for two different types of employment discrimination is explained between the employer and the employee.The author provides relief from the th ree main aspects:the relief subject,the relief procedure,and the relief method.The mechanism has been interpreted and it is concluded that the United States has formed a perfect relief mechanism that combines administrative relief with judicial relief,compensatory relief and punitive relief.Finally,from the perspective of value connotation,the author summarizes the value connotation of respecting individual diversity,balancing the rights and interests of labor and management,and safeguarding and safeguarding human rights in the US anti-discrimination legal relief system.The second part of the text,based on the first part of the US anti-employment discrimination profile,analyzes the urgency of the special legislative requirements for anti-employment discrimination in the context of the current vigorous development of the labor market and the growing employment discrimination in China.Secondly,it points out the huge difference between China and the United States in anti-employment discrimination legal relief system.China's anti-employment discrimination legal norms are not operational.It is reflected in the definition of employment discrimination without positive and negative standards.The burden of proof is still using the traditional "who The rules of claiming and who gives evidence and the provisions of legal responsibility are redatively empty and lacking;China's anti-discrimination and relief mechanism is disorderly and uncoordinated,employment discrimination in job hunting cannot be applied to labor arbitration procedures,although there are more employment discrimination However,there is no coordination mechanism between them,so that in practice,the powers of each other are in disorder,and there is no strong anti-employment legal remedy.China's anti-employment discrimination still lacks the guarantee of public interest litigation.The third part of the text is based on the status quo of social employment discrimination in China,and puts forward some suggestions for the lack of legislation in the field of anti-discrimination in China.Carry out special legislation on anti-employment discrimination,and expand and accurately define the main body of employment discrimination.The scope of protection for employment discrimination adopts the clearly listed legislative techniques and expands in line with the actual development of society.The burden of proof proves that different types of employment are carried out.Distribute discrimination;build a coordinated and unified relief mechanism,establish a special anti-employment discrimination institution,strengthen the connection and coordination between various relief subjects,and optimize the procedures for employment discrimination in job hunting without entering the arbitration process;Establishing the anti-employment discrimination public interest litigation model,starting from the environmental basis of establishing public interest litigation,analyzing the feasibility and significance of establishing anti-employment discrimination public interest litigation in China,and putting forward specific measures for the construction of anti-employment discrimination public interest litigation mode,and strengthening the burden of proof And the protection of legal liability;proposes to refine the relief procedures and related supporting measures,from the social propaganda of anti-employment discrimination,the establishment of demodulation mechanism and the support of social funds,for the future development of anti-employment discrimination legal relief,Provide Of measures and safeguards.