我国反就业歧视法律规控研究

The Research on Regulation and Control by Law on Anti-employment Discrimination in China

就业歧视现象在我国普遍存在,而反就业歧视法制相当落后。就业歧视的本质特征是没有正当理由的差别对待,法律禁止就业歧视的主要目的是保障平等就业权并实现社会正义。在市场化就业背景下,反就业歧视必须正确处理用工自主权与平等就业权这对"轴心"权利的相互关系。我国应当以正面赋予劳动者平等就业权作为反就业歧视的权利基础,以准确界定就业歧视作为反就业歧视的中心任务,从立法、执法和司法三个层面逐步建立健全我国反就业歧视的法律规控体系。

The employment discrimination in China is very popular, while the law on anti-employment-discrimination lags far behind. The main purpose for the prohibition of employment discrimination by law is to guarantee the equal right of employment and to realize the social justice. Under the background of marketizationed employment, we must properly deal with the mutual relationship between the employment autonomy and the equal right of employment which are a couple of core rights. We should regard granting employees the equal rights of employment as the basis of the right of anti-discrimination, take accurately defining anti-employment - discrimination as the core task, and gradually establish a complete regulations and control system on anti-employment-discrimination in terms of legislation, law enforcement and justice.