体面劳动视角下我国妇女劳动权益保障法律制度研究
发布时间：2019-02-10 19:06
【摘要】：体面劳动致力于让劳动者在自由、平等、安全和有人格尊严的条件下获得体面的、生产性的工作。妇女劳动者作为当前劳动力市场中不可或缺的一部分,其体面劳动的实现与否,直接影响着整个劳动力市场的稳定发展与和谐劳动关系的构建,所以对于保障妇女劳动者实现体面劳动,我们应给予密切关注和高度重视,保障妇女这一弱势群体实现体面劳动,已然成为一个全球性问题。伴随着我国劳动力市场的供大于求,竞争也越来越激烈,妇女劳动者在自身生理特征限制下所面临的就业形势日益严峻,加之就业过程中存在的性别歧视、同工不同酬、特殊保护不到位、性骚扰等现象也使妇女劳动者在竞争中处于非常不利的地位。因此,以体面劳动的标准去建立和完善我国妇女劳动权益保障制度体系就显得迫在眉睫,其中法律保障是实现妇女体面劳动的重要一环。故此,笔者依据体面劳动的概念、衡量标准,对我国妇女体面劳动权益保护的现状以及其他代表性国家和地区相关立法进行了比较分析,指出我国现行法律制度在保障妇女体面劳动方面存在的诸多不足,进而在借鉴英美、德国、日本以及我国香港和台湾地区在保护妇女劳动权益经验的基础上,提出了完善我国妇女体面劳动法律保障制度的建议。本文主要分为五个部分,第一部分先从体面劳动的概念和内涵入手,分析了体面劳动的四大基本衡量指标,进而探讨了我国实现妇女体面劳动的特殊要求及其现实必要性。第二部分比较研究了一些代表性国家和地区妇女体面劳动权益保障相关立法现状,从中总结出一些对我国有益的经验;第三部分依据体面劳动的基本衡量指标,对我国妇女体面劳动权益保障现状进行了剖析;第四部分重点从法律制度保障层面上分析了我国妇女体面劳动存在的问题,包括立法观念的偏倚及滞后;现行法律法规中很多规定过于原则化,不便于实践操作,立法空白较多;现有立法层级较低,责任追究机制弱,司法程序比较复杂,维权成本过高等问题。第五部分主要从提高我国妇女劳动权益保障相关的立法理念和立法层次;完善现有法律法规,弥补相关针对性法律及配套机制的空白,健全相应的法律责任追究机制,明确执法主体,优化劳动争议处理制度几个层面提出了自己在完善我国妇女体面劳动权益保障法律制度方面的思考。
[Abstract]:Decent work is committed to providing workers with decent, productive work in conditions of freedom, equality, security and human dignity. As an indispensable part of the current labor market, the realization of women's decent work has a direct impact on the stable development of the whole labor market and the construction of harmonious labor relations. Therefore, we should pay close attention and attach great importance to ensuring that women workers realize decent work, and ensure that women as a vulnerable group realize decent work, which has become a global problem. With the oversupply of labor market in our country, the competition is becoming more and more intense. The employment situation that women workers face under the restriction of their own physiological characteristics is becoming more and more serious. In addition, there is gender discrimination in the process of employment, and different pay for equal work. Lack of special protection, sexual harassment and other phenomena also make women workers in a very disadvantaged position in the competition. Therefore, it is urgent to establish and perfect the system of guaranteeing the rights and interests of women in our country according to the standard of decent work, among which the legal protection is an important part of the realization of women's decent work. Therefore, according to the concept of decent work, the author makes a comparative analysis of the status quo of the protection of women's decent work rights and interests and the relevant legislation of other representative countries and regions. It points out that the current legal system of our country has many shortcomings in protecting women's decent work, and then on the basis of learning from the experiences of Britain and America, Germany, Japan, Hong Kong and Taiwan in protecting women's labor rights and interests, Some suggestions are put forward to perfect the legal guarantee system of decent work for women in our country. This paper is divided into five parts. The first part begins with the concept and connotation of decent work, analyzes the four basic indicators of decent work, and then discusses the special requirements and practical necessity of realizing decent work for women in China. The second part of the comparative study of some representative countries and regions on the protection of women's decent work rights and interests of the relevant legislative situation, summed up some beneficial experience for our country; The third part, according to the basic measurement index of decent work, analyzes the present situation of the protection of women's decent work rights and interests in our country; The fourth part focuses on the legal system from the level of protection of women decent work in China's problems, including the legislative concept of bias and lag; Many provisions in the current laws and regulations are too principled, not easy to operate in practice, and there are more legislative gaps; the existing legislative level is lower, the accountability mechanism is weak, the judicial process is more complex, and the cost of safeguarding rights is too high. The fifth part mainly from the raise our country woman labor rights and interests safeguard related legislation idea and the legislation level; Improve existing laws and regulations, fill in gaps in relevant targeted laws and supporting mechanisms, improve the corresponding mechanisms for investigating legal responsibility, and clarify the subject of law enforcement, The author puts forward some thoughts on how to perfect the legal system of protecting the rights and interests of women decent work in our country from several aspects of optimizing the labor dispute handling system.
【学位授予单位】：西北政法大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.5;D669.68
本文编号：2419437
[Abstract]:Decent work is committed to providing workers with decent, productive work in conditions of freedom, equality, security and human dignity. As an indispensable part of the current labor market, the realization of women's decent work has a direct impact on the stable development of the whole labor market and the construction of harmonious labor relations. Therefore, we should pay close attention and attach great importance to ensuring that women workers realize decent work, and ensure that women as a vulnerable group realize decent work, which has become a global problem. With the oversupply of labor market in our country, the competition is becoming more and more intense. The employment situation that women workers face under the restriction of their own physiological characteristics is becoming more and more serious. In addition, there is gender discrimination in the process of employment, and different pay for equal work. Lack of special protection, sexual harassment and other phenomena also make women workers in a very disadvantaged position in the competition. Therefore, it is urgent to establish and perfect the system of guaranteeing the rights and interests of women in our country according to the standard of decent work, among which the legal protection is an important part of the realization of women's decent work. Therefore, according to the concept of decent work, the author makes a comparative analysis of the status quo of the protection of women's decent work rights and interests and the relevant legislation of other representative countries and regions. It points out that the current legal system of our country has many shortcomings in protecting women's decent work, and then on the basis of learning from the experiences of Britain and America, Germany, Japan, Hong Kong and Taiwan in protecting women's labor rights and interests, Some suggestions are put forward to perfect the legal guarantee system of decent work for women in our country. This paper is divided into five parts. The first part begins with the concept and connotation of decent work, analyzes the four basic indicators of decent work, and then discusses the special requirements and practical necessity of realizing decent work for women in China. The second part of the comparative study of some representative countries and regions on the protection of women's decent work rights and interests of the relevant legislative situation, summed up some beneficial experience for our country; The third part, according to the basic measurement index of decent work, analyzes the present situation of the protection of women's decent work rights and interests in our country; The fourth part focuses on the legal system from the level of protection of women decent work in China's problems, including the legislative concept of bias and lag; Many provisions in the current laws and regulations are too principled, not easy to operate in practice, and there are more legislative gaps; the existing legislative level is lower, the accountability mechanism is weak, the judicial process is more complex, and the cost of safeguarding rights is too high. The fifth part mainly from the raise our country woman labor rights and interests safeguard related legislation idea and the legislation level; Improve existing laws and regulations, fill in gaps in relevant targeted laws and supporting mechanisms, improve the corresponding mechanisms for investigating legal responsibility, and clarify the subject of law enforcement, The author puts forward some thoughts on how to perfect the legal system of protecting the rights and interests of women decent work in our country from several aspects of optimizing the labor dispute handling system.
【学位授予单位】：西北政法大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.5;D669.68
【参考文献】
相关期刊论文 前2条
1 郭延军;;我国女性就业权平等保护制度反思[J];法商研究;2013年02期
2 余春艳;;完善我国女性就业保障制度[J];商情(科学教育家);2007年12期
相关博士学位论文 前6条
1 袁霓;中国女性非正规就业研究[D];首都经济贸易大学;2013年
2 朱文娟;中国社会保险费的就业效应研究[D];华中科技大学;2013年
3 金窗爱;中国当代女性就业问题研究[D];东北师范大学;2012年
4 郭凤鸣;中国城镇劳动力市场中性别工资差异的经验研究[D];吉林大学;2011年
5 雷云;美国禁止就业歧视法律制度研究[D];重庆大学;2008年
6 赵耀;中国劳动力市场雇用岐视研究[D];首都经济贸易大学;2006年
相关硕士学位论文 前2条
1 杨二卫;劳动者劳动安全卫生权利保护研究[D];中南大学;2011年
2 苏士尚;就业质量问题研究[D];首都经济贸易大学;2007年
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