To Discuss The Legal Protection For The Handicapped's Rights To Work From: "Equal Protection" And "Special Treatment"

At present, the realization of the labor right of the handicapped is confronted with great difficulties. Acording to this, the academic research is too general, superficial and can not offer a constructive solution to this problem.As a result,the theory plays a minimal role in guiding the practice. Acording to the dilemma encountered during the practice and the academic research on the issues of protection of the labor rights of the handicapped, it can explore how to protect the realization of the labor rights of the handicapped from the perspectives of the theory and practice by law through the lines of thought of "equal protection" and "special treatment".In theory, the lines of thought of "equal protection" and "special treatment"can be based on theory of economics, sociology, physiology, law, etc. As can be seen from it,the lines of "equal protection" and "special treatment" have their own profound theoretical and practical origins.At the same time,the exploring of making these two people with each other to protect the labor rights of the handicapped in theory lays a theoretical basis of coordinating with each other in the application of of protection of the labor rights of the handicapped.In practice, it can divides,analyse and summarises the stages of the conditions of the of the practice of the lines of thought of "equal protection" and "special treatment" ,and draws a conlusion that there are some characteristics and existence of various deficiencies in the practice of the protection of the labor rights of the handicapped in our country.Basing on the theory discussed and the summary of the reality, it can study how to combine the two ideas together, in order to further protect the labor rights of the handicapped by providing some leagal advices in our country. From the macro perspective, on the one hand, while the country taking "equal protection" should take the "special treatment" into account in order to handle the relationship between the labors handicapped and the normal labors. On the other hand, while the country taking "special treatment" should be in the integration of "equal protection", in order to develop the type of special treatment of development. Accordingly, from the micro perspective, on the one hand, the general labor law should be fair in the overall,and gives the labor rights of the handicapped a certain degree of "special treatment." On the other hand, special laws for the labor rights of the handicapped in "special care" should pay attention to the development of the capacity of self-reliance of the handicapped. Thus, in practice, we can deal with the relationship between "equal protection" and "special treatment". So we can combine the two lines of thought to get the target of protecting the labor rights of the handicapped.