Research On Judicial Security Of Equal Employment Right In China

Equal employment right is a right composed of equal rights and employment rights.The core value orientation of this right focuses on substantive equality in the field of employment.As a basic right granted to individuals by the Constitution,the right to equal employment has constitutional attributes;as a product of economic and social development,the right to equal employment is another social right.Facing today's grim employment situation,studying the issue of equal employment rights from a judicial perspective can help defend the legitimate rights and interests of employees and promote the formation of an orderly labor market.Therefore,it is of great theoretical value and practical significance to further strengthen the research on judicial protection of equal employment rights.China's current equal employment rights legislation and judicial protection are not satisfactory,and there are realistic definitions of the nature of equal employment rights,litigation mechanisms for employment discrimination cases,legal liability systems for equal employment rights,and connected relief channels.The defects and the perfect space to be filled urgently are not enough to solve the complicated employment discrimination in judicial practice.The experience of judicial protection of equal employment rights in the common law countries headed by the United States and Britain and in the civil law countries represented by Germany shows that the rigid implementation of equal employment rights is inseparable from an effective judicial security system.Combined with the status quo and existing problems of judicial protection of equal employment rights in China,by strengthening the supply of legislation,giving legal meaning to equal employment rights,cleaning up relevant employment discrimination clauses,improving the lawsuit mechanism for equal employment rights,clarifying the legal liability for violation of equal employment rights,and optimizing The connected relief channels should be a perfect way to achieve substantial equality of labor legal relations in China.