Research On Legal Protection Of Employment Rights And Interests Of College Graduates In China

For college graduates,employment is an important turning point for individuals to change from student identity to social role.Solving the employment problem of college graduates is not only their own business,but also related to the future of the country and the nation.The employment rights and interests of college graduates in China include the right of employment guidance,the right of equal employment,the right of fair treatment,the right of free employment and the right of compensation for breach of contract.However,the slow process of the employment of university graduates under the rule of law,rights protection consciousness,government service function of college graduates employment,unit of choose and employ persons labor,illegal cost is low,labor market supply and demand imbalance causes such as the lawful employment rights and interests of the weak position in the employment of college graduates are frequently infringed,it certainly can bring about huge losses to the state,society,family.Because the university graduate is the superiority resource in the human resources,is the talent powerful country strategy important strength.Protecting the employment rights and interests of college graduates is to protect the basic human rights of college graduates,safeguard the laborer status of college graduates,promote the decent employment of college graduates,and promote the employment of college graduates according to law.Therefore,it is particularly necessary to establish a legal mechanism to protect the employment rights of college graduates.However,the current legal protection mechanism for the employment rights and interests of college graduates in China is inadequate.From the legislative level,at present our country about the rules of the protection of the rights and interests of the employment of university graduates are the policy,legal regulations,referring to "labor law","labor contract law","employment promotion law" and other laws and regulations and other normative documents,the lack of a specifically for college graduates employment rights and interests protection legislation,the employment of university graduates' rights and interests protection of lack of legal force,cannot supply enough protection against them,can't meet the needs of the present employment situation.In addition,the current laws and regulations on the protection of the employment rights and interests of college graduates are very vague and general,many of which are declaration-type laws and regulations,and "Shouting slogans" like laws and regulations bring great challenges to the protection of the employment rights and interests of college graduates.The main body of law enforcement is not clear,the law enforcement procedure is lack,the law enforcement strength is insufficient is our country university graduates employment rights and interests law protection enforcement level insufficient important performance.Judicature is the last line of defense to safeguard social fairness and justice.However,under the current legal system framework,China's judicial relief approach is still limited to labor private benefit litigation,lack of the world's increasingly popular labor public interest litigation,which is extremely adverse to the judicial protection of employment rights of college graduates.Therefore,the author thinks that the protection of college graduates' employment rights and interests should be made from the three aspects of legislation,law enforcement and judicial relief,so as to solve the current shortage of college graduates' employment rights and interests protection.