Comparative Study On Judicial Relief System Of Employment Discrimination

In 2018,the Supreme People’s Court revised the "Regulations on the Causes of Action in Civil Cases",adding "disputes over the right to equal employment" under the item "disputes over general personality rights",solving the long-standing problem of "nameless litigation" or "litigation by name" in the trial of employment discrimination disputes.However,there are still many deficiencies in our country’s employment discrimination judicial relief system,such as inconsistent relief channels and unclear standards for determining employment discrimination,the burden of proof is unreasonable,and the legal liability forms are single.Employment discrimination is a common problem in the labor field all over the world.In the process of fighting against employment discrimination,some countries have developed a set of relatively mature relief systems.Extraterritorial experience has certain reference significance for perfecting our country’s employment discrimination judicial relief system.Therefore,this paper selects several representative foreign systems as research objects.After comparison,it is concluded that there are currently three ways of relief in terms of labor disputes,civil litigation,and dual-track civil punishment;in terms of identification standards,there are two identification modes: "objectivism" and "subjectivism";in the burden of proof there are differences between the transfer of the burden of proof and the inversion of the burden of proof;in terms of liability,there are three forms of damages,injunction,reissue and advance payment.On the basis of comparative research,this paper considers how to learn from foreign experience to perfect the judicial remedy system for employment discrimination in our country.It is believed that the establishment of labor relations can be used as a node to take tort litigation for employment discrimination during the recruitment process,and labor disputes should be used for employment discrimination disputes during the existence of labor relations.On the issue of proof,the "objectivism" model can be used for reference,and the burden of proof shall be reversed,and the employer shall bear the burden of proof;in terms of legal responsibility,the compensation for mental damage can be appropriately increased and the average monthly salary of the court where the lawsuit is located can be used as the standard to uniform compensation amount.