Font Size: a A A

Research On The Application Of Justice For Gender Equality

Posted on:2022-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:M ChenFull Text:PDF
GTID:2516306458995889Subject:Legal theory
Abstract/Summary:PDF Full Text Request
How to implement the "equality" in the socialist core values in judicial practice is a challenging topic of the times.Current researches are mostly discussed from the theoretical level,and empirical analysis is rarely conducted through cases.This article takes judicial judgments involving gender equality as an entry point,and sorts out the problems and predicaments of gender equality in judicial application.At the same time,using the theory of equality as an analysis tool,specific plans are put forward on the legal connotation of gender equality and the application of gender equality in judicial practice,This points out the path for the integration of core socialist values into judicial judgments.Gender equality under the background of socialism with Chinese characteristics is the proper meaning of "equality" in the core values of socialism.Starting from the connotation of gender equality,this paper points out that the socialist concept of gender equality is different from other gender equality in that it pays attention to the combination of formal equality and substantive equality,pays attention to the dominant status of women,and protects the equal right of choice between the two sexes.On the one hand,the application of this concept in judicial adjudication can give better play to the role of judicial adjudication itself in resolving case disputes,resolving social contradictions,promoting social integrity and leading social fashion.on the other hand,it can improve judicial efficiency and reduce judicial costs,and because of its own particularity,its application in judicial adjudication can also promote the development of market economy.Then,due to the frequent occurrence of gender discrimination in the employment field,it has become a hot issue of general concern from all walks of life.Therefore,from this perspective,through the retrieval,statistics and induction of judicial decisions related to gender equality in the field of employment,this paper points out the characteristics of the types of cases,court levels,time distribution and spatial distribution when the court applies the concept of gender equality to relieve employment discrimination,and makes an in-depth analysis of the typical cases.And on this basis,it is found that there are some problems in the judicial application of gender equality,such as unclear value connotation,lack of gender awareness,insufficient reasoning and so on.In view of these problems,this paper further proposes that it can be solved by improving the reasoning of judicial documents,giving full play to the guiding effect of typical cases,provincial courts actively compiling cases,improving the distribution system of the burden of proof and so on.
Keywords/Search Tags:Gender equality, Gender awareness, Adjudication rules, Judicial relief
PDF Full Text Request
Related items