我国“就业歧视”的法理分析及对策

本文针对目前我国反响强烈的各种"就业歧视"现象进行了法理学分析,提出了立法建议.面对我国严峻的就业形势和欠规范的劳动力市场,本文主张通过立法加强对劳动力市场的国家干预,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.同时本文也注意到反"就业歧视"并不能增加就业岗位,立法的价值更多体现在对人的平等权利的保护.

Jurisprudential analysis of the "employment discrimination" and its solutions in China

This thesis analyses the "employment discrimination"in view of jurisprudence, which has already become a widely-disscused issue in China. Owing to the present severe employment situation and the abnormal employment market in China, this thesis aims at regulating the independency of employers by legislation in order to provide a fair opportunity for job hunters. At the same time, this thesis notices that the legislation of "anti-discrimination of employment"can'tincrease the posts of employment. The value of legislation, above all, reflects the protection of the equal rights of everyone.