《就业促进法》立法的理性思考

Rational Thinking to the Legislation of Employment Promotion Act

经济体制的转型,引起了社会差距扩大,社会分化严重等问题,导致就业歧视现象的凸现,增加了国家和社会的压力。本文基于已有的学术观点,从理论层面针对实现平等就业的相关问题进行评述,着重介绍了平等就业与意思自治的关系,公权力介入及就业歧视的限度等问题。

The reform of economic system generates the problem of social polarization, which brings the discrimination in the employment into the spotlight. That increases the pressure to the government and the society. The essay reviews the issues in theory about the implementation of the fair employment, put the emphasis on the introduction of the relationship between fair employment and autonomy, the intervention of the public power and the extent of the discrimination in employment.