Research On Gender Equality In The Law Of Labor Field

The theory of gender originated from the second feminist movement and put forward a new perspective on research issues.Using gender theory and analysis methods to study the gender blind spots in the current legal system can clearly explain the reasons for the lack of women's rights and gender discrimination.In the labor law system,the paper analyzes the equal employment rights and social security of women,and discusses the gender blind spots in labor law and some legal remedies.In this paper,the author has finished analyzing the gender theory and the classic cases of gender blind spots in the labor law field,and is going to discuss the values of social justice and equality.This paper starts with the development of gender theory in the feminist movement,and distinguish the meaning of gender and physiological gender.Gender is the construction of social culture,and gender inequality mainly comes from the distribution of social system.As a part of the social and cultural system,the law begins with male chauvinism and is based on the standard of men as the general standard of society,neglecting of women's interests.However,it is difficult to change the gender structure behind the legal system and achieve true equality and justice,by advocating equality for women rights or special protections.The method of gender mainstreaming advocated by the international community has penetrated into the legislative and judicial fields that can supplement the traditional trial mode and reduce the harm to women's rights and interests.In dealing with legal issues,attention should be paid to the unequal situation,interests and rights of different gender groups and actions should be taken to promote gender equality.Through the interpretation of specific cases and legal systems,we will kown gender bias and gender preferences in the law and resist unequal gender treatment.Referring to the more mature American experience,including:The court adds gender-based thinking mode;the judge attaches importance to the individuality of the case through context restatement;women participate in the law through narration;the establishmentof a special group correct the bias within the court and other methods.Combined with judicial practice in China,some scholars have proposed the establishment of a special center for gender cases;the government completes public interest litigation system and strengthens the labor inspection system.The gender theory is a useful supplement to the mainstream trial methods in China.The application of these methods still has positive significance in legal consciousness,concept and thinking perception.The judges in our country try their best to get more ideal trial results that can demonstrate gender civilization.