Juristical Thinking On Achiving Women's Equal Employment Right

With the development of market economic system and the reform of the employment mechanism, as well as the adjustment of the industrial construction and the decentralization of employment power, especially the serious market competition after China joining the WTO,all of these factors intensifies the women's disadvantage during applying for a job, but it will be difficult from a legal way to be fully relief. This is not only a serious violation of women's labor rights and other related rights, but also is destruction of constitutional principles that everyone is equal before the law. Even more, it will become the impediment of the socialist market economic system and improve the harmonious development of society. Therefore, the research of law and other issues of women's equal employment will be with a special theory and practical significance.To promote women's equal employment always is one goal of the international community, in this regard, China government has approved the " Convention on the Elimination of all Forms of Discrimination against Women "," Convention concerning Equal Remuneration for Men and Women workers for Work of equal value " and "ILO's Discrimination (Employment and Occupation) Convention ". China government has convened and participated in many international seminars subject on women's equal employment. This problem has led economists and sociologists widespread attention, and researches in economics, social academic are more, but in the field of law is relatively weak. While gender discrimination in employment, is not only an economic and social problems, it is a legal issue and eventually have to rely on the law to solve this problem.The paper integrated using historical, literature, comparative analysis methodology, and more interdisciplinary integration method to do the research the issue of women's equal employment comprehensively. Basis on the grasp of women's equal employment theoretical foundation and legal construction, this paper focuses on the legal perspective of women's employment status, problems and its causes, identifying the legislative shortcomings in the implementation of the relevant laws and the existence of the problem. Through the comparing European and the United States legal system of promoting women's equal employment, and combining with China's current legislative situation, author argues that the key to promote of women's equal employment is that the law and regulations should be strictly implemented, the old legislation ideas should be changed, a perfect legal system of anti-discrimination in employment should be established, maternity protection system should be improved. So that, a sound mechanism for protection equal employment will be constructed from the substantial and procedural, which is to our market economic development needs, but also conform to the international trend needs.