论我国“就业歧视”的法律分析及对策

针对目前我国反响强烈的各种＂就业歧视＂现象的主要表现、缘由以及现行法律法规存在的缺陷等问题进行了尝试性分析,立足我国国情,提出了立法建议。面对我国日益严峻的就业形势,本文主张通过立法加强劳动市场的国家干预和调整,从司法层面上建立相应的监测机构,如＂平等就业委员会＂,规范用人单位的用人自主权,给劳动者提供平等就业的机会,以维护和谐健康的社会。

Legal Analysis and Countermeasures of "Employment Discrimination" in China

The paper makes a tentative analysis on a variety of employment discrimination phenomenon,causes as well as defects in existing laws and regulations,which has caused strong reaction at present in China,and comes up with legislative proposals based on China’s national conditions.Faced with the increasingly severe employment situation in China,the paper argues that state intervention and adjustment of the labor market should be strengthened through legislation,appropriate monitoring bodies should be established from the judicial level,such as ＂Equal Employment Commission＂,the autonomy of employment be regulated,the opportunity of equal employment of workers be provided in order to maintain a harmonious and healthy society.