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Comparison Study to the Question of Discriminatory Employment Advertisement

Author: WangZhiLi
Tutor: LiJing
School: Tianjin University of Commerce
Course: Legal Theory
Keywords: Discriminatory job advertisements Discrimination standards Legal and regulatory Right to relief
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 100
Quote: 0
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Abstract


Discriminatory job advertisements are widespread in our country, it is not only a violation of the workers' employment rights, including labor rights and other rights, and contrary to our citizens the constitutional principle of equality before the law, as well as other law embodies the principle of equality. To curb the proliferation of discriminatory job advertisements is to promote social justice, and the inevitable requirement of building a harmonious society. Against discriminatory job advertisements in foreign countries or regions already have a relatively sound regulatory system, In China, both from a legal theory, legal documents and judicial practice, are lacking. Learn from the advanced experience of the countries and regions, effective ideas that can provide a better way to solve our problem of discriminatory job advertisements. In addition to the Introduction, Conclusion, the specific content of the paper is divided into four chapters, each chapter is as follows: the second chapter and employment discrimination in the comparison of the concepts and standards, mainly to explore the basis of sex discrimination and employment discrimination standards. Discrimination standards to be introduced from the international law and foreign countries, in line with the purposes of absorbing object comparison to the United States, the Netherlands, as well as China's Hong Kong, and summed up the characteristics of discrimination. And discrimination standards in China and its lack of first summarized, and thus learn from foreign experience based on the recommendations of the Construction of China's discriminatory recruitment standards. Chapter discriminatory recruitment advertising legal issues Public Law system, the article discusses the job advertisements from the prior review and post supervision. Recruitment advertising pre-release review from the source to the prevention of discrimination, so the article is the first country outside advertising censorship compared. Then pointed out that China's current system of recruitment advertising exist in the prior review. In contrast, China's discriminatory recruitment advertising after the relief system also has a number of obstacles. In-depth comparison of the mature experience of countries and regions, and to examine the basis of our existing domestic legislation and practice, from Public Law made the perfect anti-discrimination recruitment advertising channels for relief of legal advice. Chapter discriminatory recruitment advertising legal issues of private law perspective - a comparison of tort liability. Although the two legal systems have many different legislative mode, but no matter from legislation or jurisprudence derived through comparative studies discriminatory job advertisements in two law systems constitute the tort liability. Finally, by analyzing the discriminatory job advertisements in our country also constitutes a tort liability. Chapter by comparison victims relief program and recommendations of discriminatory job advertisements relief program.

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