我国女性职工就业歧视法律问题探析

An Analysis of the Legal Problem of Employment Discrimination against Female Workers in China

女性劳动者作为一个特殊的社会群体,在经济发展中的地位十分重要,但对于女性的就业歧视现象普遍存在且日益严重,破坏了社会公平原则,不利于社会稳定。中国相关立法规定过于笼统,缺乏实践操作性以及法律责任规定缺乏权威性。由此,亟需明确就业歧视法律定义及细化相关法律程序规定,并通过加强法律责任实施力度,明确追诉和承担责任主体以增强法律权威性。

Female workers, as a special social organization, are very important in the economic development. However, employment discrimination against female workers is spread and increasingly serious. This has undermined the principle of the social equity and is harmful to social stability. The reason is that China s relevant legislation provisions are too general, lack of practical operation, and lack of authority on legal responsibility. Therefore, it is imperative to clarify the definition of employment discrimination law and the relevant legal procedural provisions. More importantly, to strengthen the implementation of legal responsibilities, clarify the prosecution and assume the responsibility of the subject to enhance the legal authority.