On The Improvement Of Legal Protection Of Anti-Employment Discrimination In China

Since the reform and opening up,various problems encountered in the development of the socialist market economy in China have begun to emerge,and employment discrimination is one of them.Employment discrimination is an adverse consequence of the market economy's own operating mechanism.It cannot be solved by the regulation of the market itself.This requires us to regulate it at the legal level.However,the research on China is obviously not systematic enough and not deep enough.As a result,there are many shortcomings in the process of anti-employment discrimination in the legislative,law enforcement and judicial departments.Therefore,in order to protect the equal employment rights of our citizens,we will promote the socialist market economy in China.The benign development,this article is along with what,why,where the problem lies,how to do research,in the context of China's socialist market economy to explore the issue of employment discrimination,trying to China's anti-employment discrimination legal security system We will improve it to ensure the equal employment rights of our citizens.In addition to the introduction and conclusion,this paper is mainly divided into three parts.The first part is the legal basis of anti-employment discrimination.This section first discusses in general terms what is employment discrimination and the main categories and harms of employment discrimination.Through the analysis of some legal values that humans generally agree with,we can conclude that anti-employment discrimination is not only an inevitable requirement for protecting citizens' labor rights,but also an inherent need to maintain social fairness and justice.It is also an inevitable path for China to fulfill its obligations under international law;Next,by analyzing the link between employment equality and freedom,employment equality and efficiency,we can find that although there are some inherent tensions between equality and freedom and efficiency,anti-employment discrimination and guaranteeing citizens' equal employment rights,It is possible to achieve a unified relationship with freedom and efficiency.As long as we find the balance between the three,anti-employment discrimination can become a booster for the free,efficient and benign development of China's market economy.The second part is the cause of employment discrimination in China and the problem of anti-employment discrimination.This part analyzes the main manifestations and causes of employment discrimination in China,and summarizes the existing anti-employment discrimination legal system scattered in various departmental laws,pointing out its inadequacies in legislation,administration and justice.: Legislation has the characteristics of decentralization,principle,low level of legislation,large regional differences,lack of institutional system in the administrative field,and low operability in the judicial field.The third part is the idea of perfecting the anti-employment discrimination legal system.This part combines China's existing anti-employment discrimination legislation and administrative and judicial practice to address the shortcomings and shortcomings of China's current anti-employment discrimination legislation,administrative law enforcement,and judicial practitioners,and explore how to build multi-dimensional and comprehensive anti-discrimination in the above-mentioned links.Legal System.First of all,this part analyzes the anti-discrimination legal system in the United States and Canada from the perspective of comparative law,and clarifies its reference significance for China's construction of anti-employment discrimination legal system,and then elaborates from the three levels of legislation,administration and justice.The author's assumptions about correcting the inadequacies of the existing anti-employment discrimination legal system in China,this part believes that it should be improved from the legislative model,the special anti-employment discrimination legislation,and the elimination of the existing inappropriate anti-discrimination law provisions in China.Hand,improve the labor inspection system,expand the scope of the public interest litigation system,as a supplement to the laborers can not rely on their own strength to counter employment discrimination,and actively promote the judicial system of China's constitutional rights,in order to achieve from the judicial practice The system of equal employment rights of Chinese citizens is supported by the system,and a legal system against discrimination in employment,which is a trinity of legislation,law enforcement and justice,is established.