Dilemma and Solution for Relief in the Right to Equal Employment-From the Perspective of Rectifying Private Law with Social Law

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.

CURRENT TRENDS IN THE DEVELOPMENT OF THE CHINESE SOCIAL SECURITY SYSTEM FOR PEOPLE WITH DISABILITIES

Abstract The Law on the Protection of Disabled Persons is the first social security legislation in China, with more than 50 laws directly related to the legal protection of the rights of persons with disabilities and career development for people with disabilities. In terms of employment protections for people with disabilities, it is important to focus on effective legal implementation, utilizing legal rulings to limit employment discrimination against people with disabilities. Educational protections are an important precondition for enabling people with disabilities to live with dignity; it should be guaranteed that people with disabilities are provided ＂reasonable accommodation＂ in educational conditions. A barrier-free environment is a necessary condition for social integration of people with disabilities. At the same time, it also benefits other members of the society such as the elderly. Through rehabilitation and exercise, most people with disabilities can return to the society to a significant degree. China should gradually expand the legislative scope of rehabilitation service fee reductions and legal categories of auxiliary appliances, issuing guiding documents that provide specifications for the relevant ＂dormant＂ legal provisions.

Marx＇s Four Expositions of His Theory of Social Formation and Their Historico-philosophic Significance

An examination of Marx＇s exposition of the evolution of social formations on four occasions shows that the core content of his social formation theory consists in its affirmation of both the universality of the law of the development of social formations from lower to higher stages in different nations and the diversity of their developmental paths. The theoretical assumptions he put forward in the late 19th century about the possibility of late- developing modernizers being able to establish a socialist society without passing through the stage of capitalism represent a major development of his theory of social formations. The theory of the primary stage of socialism and the theory of building socialism with Chinese characteristics advanced by the Chinese Communists are the latest development of Marx＇s theory of social formations.

Socialism Based On Rule of Law

In April, the Ministry of Public Health announced the shutdown of the National Committee for Oral Health (NCOH). Corruption, it seems, has once again raised its ugly head. This organization, which is not an agency under the government, but has some government affiliation, allegedly has raked in millions of yuan in illegal profits for the past 18 years by making unauthorized approvals for oral health care products. It is widely believed that the situation involving NCOH reflects the lack of government credit management because of the loopholes in the overall system. Commenting on NCOH dissolution, Professor Li Shuguang from China University of Political Science and Law believes that, while to reform public service units within a short period of time is important, the final solution is to set up a system that is based on the rule of law.