反就业歧视法律制度研究-经济法专业论文.docx

和最终目的所在。笔者认为，应在借鉴美国立法的基础上，结合我国国情， 强化我国反就业歧视制度。目前，最可行的措施是在新近通过的《中华人 民共和国就业促进法》的施行过程中，由最高法院以司法解释的形式来进 一步完善反就业歧视的相关内容，切实提高该法的可操作性，使禁止就业 歧视能真正落到实处。具体措施如下：界定就业歧视的含义；明确就业歧 视的认定标准；明晰就业歧视的举证责任；完善就业歧视的执行机构；完 善被歧者的救济方式和程序；规定歧视者的法律责任；完善劳动监督制度。 关键词：就业；就业歧视；反就业歧视；反就业歧视法 - 2 - Abstract The principle that all men are equal before the law embodies modern people’s pursuit and desire for equality, and the necessary requirement for promoting justice and constructing harmonious society. Equal employment is one of the basic requirements and aspirations for human rights to every citizen. At present, the serious employment discrimination widely exists in China and other countries, which is regarded as an economic and social problem, and more a legal problem. Since there aren’t special laws and rules on anti-employment discrimination in China, the legislation concerning employment discrimination mainly lies in the constitution, other laws, rules and policy- files. Consequently, the establishment and perfection of the laws against employment discrimination is an urgent task to completely solving the employment discrimination, maintaining equal employment and realizing social fairness and justice. As discussed above, this paper’ purpose is to provide some suggestion on the legislation of anti-employment discrimination from the angle of economics and laws. On the basis of the relative theory, this paper is also to define the meanings and the cognizance standards of employment discrimination, and further to analyze the representations of employment discrimination; seek the corresponding theory foundation of anti-employment discrimination in the fields of economics, sociology and labor rights, aiming at justifying the realism, rationality and necessity of anti-employment discrimination. At the same time, on the basis of learning the advanced experiences on the legislation of anti-employment discrimination in the western developed countries and analyzing the current situation of the incomplete