论我国残疾人就业平等权保障制度的完善

残疾人就业平等权受到最大的破坏在于对残疾人就业歧视。为消除歧视我国新修订的《残疾人保障法》规定了按比例安排残疾人就业制度等纠偏行动机制。因这一机制存在漏洞难以保障残疾人就业平等权的实现,故我国应当借鉴国外反就业歧视措施,引入＂合理调适＂、＂过度负担＂等概念体系来构筑我国残疾人就业平等权保障制度,以充分保障残疾人就业平等权的实现。

To Perfect the Protecting System for the Equality Employment for the Disabled in China

The most serious damage of the equality in employment for the disabled in China is the discrimination in their employment. To remove such discrimination, the Chinese government has revised Law of the People＇s Republic of China on the Protection of Disabled People to stipulate that the disabled should be employed according to the proportion of their population. As the existing mechanism is imperfect, it is hard to protect the right of equal employment for the disabled people. Therefore, measures against discrimination in the foreign countries should be introduced into China to ＂ adjust appropriately＂ and to avoid ＂ excessive burdens＂ to establish the protecting system of our own for the disabled to enjoy their equal employment right and to realize fully the protection of the right of equal employment for the disabled people.