In the context of the deepening of the population aging,many countries have begun to rectify age discrimination in labor and employment to ensure that the elderly enjoy equal and adequate right to work.In accordance w...In the context of the deepening of the population aging,many countries have begun to rectify age discrimination in labor and employment to ensure that the elderly enjoy equal and adequate right to work.In accordance with relevant laws and regulations,the legal norms of age discrimination in employment are highly similar in different countries.Yet,there are differences in exemption clauses and legal relief.So far,three major regulatory modes have taken shape respectively in the United States,europe and Japan.China still lags behind in legislation against age discrimination in employment,so extraterritorial governance experiences should be taken for reference to promote relevant legislation based on intergenerational solidarity and cooperation in a timely manner,so as to provide a legal guarantee for the elderly on the right to work and the handling of population aging.China should also use human rights discourse to summarize and express its own solutions and take an active part in the process of signing the international instruments on human rights specialized for the elderly.展开更多
At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liabilit...At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liability according to typical private law,supplemented by indirect remedies for labor contract liability under special private law.However,there are many challenges in private law remedies for the right to equal employment,which are manifested in the misunderstanding of the general tort identification of employment discrimination,the loopholes in the regulations on discriminatory employment,the imbalance in the burden of proof,and the limitation and alienation of the functions of civil liability and private law autonomy.The root of those problems lies in the fact that the nature of anti-employment discrimination law is not private law but social law.Equal employment involves both public and private interests,and it should be based on the public interest of society and adhere to the value orientation of prioritizing fairness while taking into account efficiency.Improving the legal relief mechanism for protecting the right to equal employment,with a focus on correcting private law with social law,is the solution to the dilemma.Specific measures include establishing the special tort liability system for equal employment,the legal mechanism against discriminatory labor contracts,the public-private integrated legal responsibility system,and an essentially fair system for the responsibility of adducing evidence.展开更多
基金the key project“Studies on the Practical Value and Strategies for Fostering Public Recognition of the Rule of Law in Contemporary China”(Project Approval No.17ZDA128)under the National Social Science Fund of China.
文摘In the context of the deepening of the population aging,many countries have begun to rectify age discrimination in labor and employment to ensure that the elderly enjoy equal and adequate right to work.In accordance with relevant laws and regulations,the legal norms of age discrimination in employment are highly similar in different countries.Yet,there are differences in exemption clauses and legal relief.So far,three major regulatory modes have taken shape respectively in the United States,europe and Japan.China still lags behind in legislation against age discrimination in employment,so extraterritorial governance experiences should be taken for reference to promote relevant legislation based on intergenerational solidarity and cooperation in a timely manner,so as to provide a legal guarantee for the elderly on the right to work and the handling of population aging.China should also use human rights discourse to summarize and express its own solutions and take an active part in the process of signing the international instruments on human rights specialized for the elderly.
基金the research result of the Scientific Research Fund Project(supported by the Special Funds for Basic Scientific Research for Central Universities)of Renmin University of China,“Research on Solving the Dilemma of Private Law Relief for the Right to Equal Employment in Social Law”(Project Approval No.21XNH019)。
文摘At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liability according to typical private law,supplemented by indirect remedies for labor contract liability under special private law.However,there are many challenges in private law remedies for the right to equal employment,which are manifested in the misunderstanding of the general tort identification of employment discrimination,the loopholes in the regulations on discriminatory employment,the imbalance in the burden of proof,and the limitation and alienation of the functions of civil liability and private law autonomy.The root of those problems lies in the fact that the nature of anti-employment discrimination law is not private law but social law.Equal employment involves both public and private interests,and it should be based on the public interest of society and adhere to the value orientation of prioritizing fairness while taking into account efficiency.Improving the legal relief mechanism for protecting the right to equal employment,with a focus on correcting private law with social law,is the solution to the dilemma.Specific measures include establishing the special tort liability system for equal employment,the legal mechanism against discriminatory labor contracts,the public-private integrated legal responsibility system,and an essentially fair system for the responsibility of adducing evidence.
