我国公民就业权保障问题研究
发布时间：2019-02-11 19:53
【摘要】： 就业是民生之本,是每一个劳动者赖以生存的经济基础和基本保障,是关系亿万劳动群众切身利益的大事。就业权是具有劳动能力和劳动愿望的公民享有平等就业和自主择业的权利。保障劳动者的就业权,是实现劳动权、平等权、生存权等基本人权的必然要求。 当前,世界各国面对就业问题的共同挑战,通过不断完善劳动就业法律法规,设法解决充分就业、公平就业中的各种问题,保障就业,维系稳定,发展经济,彰显法治。在这样一个大背景下,各国公民就业权保障问题研究显得十分活跃。他们实施劳动就业政策法律的成功经验与教训,以及成功劳动就业政策法律体系所呈现出的共同特征,对我们有一定的借鉴意义,也有助于消除我们在劳动就业政策法律体问题上一些认识上的误区。 相对于劳动就业保障体系成熟的一些发达国家,我国的公民就业权保障工作还不够完善,充分就业程度还有待提高,公平就业情况还不容乐观,就业歧视现象还比较普遍,这是与我国当前的社会政治经济发展水平以及法律、制度、文化基础是相关联的.2008年1月1日起《就业促进法》、《劳动合同法》等法律法规的正式施行,是我国劳动立法领域一个新的里程碑,但在几个月短暂的运行区间里,新法的实施就遭遇到诸多实际问题。本文围绕国内外劳动就业政策法律和我国劳动就业权利保障有关情况展开研究,寻找出就业歧视这一我国公民就业权保障的主要问题,并深入剖析问题产生的法律根源、制度根源、经济根源、文化根源。提出要从完善相关法律法规、加强法律宣传贯彻、健全各项配套制度、提升全民法治意识等几个方面,进一步加强我国公民就业权的保障。为公民营造一个更加公平合理的就业环境,切实维护公民的合法权益,确保就业市场的健康、有序、良性发展,推动民主法治社会建设,为全面建设小康社会、构建和谐社会提供保障。
[Abstract]:Employment is the foundation of people's livelihood, the economic base and basic guarantee of every laborer's survival, and a major event related to the vital interests of hundreds of millions of laboring people. The right to employment is the right of equal employment and independent choice of employment for citizens who have the ability to work and wish to work. Protection of workers' right to employment is the inevitable requirement of realizing basic human rights, such as labor right, equality right, survival right and so on. At present, in the face of the common challenge of employment, countries in the world try to solve all kinds of problems in full employment and fair employment by constantly perfecting the laws and regulations of labor employment, so as to ensure employment, maintain stability, develop economy and highlight the rule of law. Under such a background, the research on the protection of citizens' employment right is very active. Their successful experience and lessons in implementing the labor and employment policy law, and the common characteristics of the successful labor and employment policy legal system, have certain reference significance for us. It also helps to eliminate some misunderstandings on the legal system of labor and employment policy. Compared with some developed countries where the labor employment security system is mature, the work of ensuring citizens' right to employment in our country is not perfect enough, the degree of full employment needs to be improved, the situation of fair employment is still not optimistic, and the phenomenon of employment discrimination is relatively common. This is related to the current level of social, political and economic development, as well as the legal, institutional and cultural basis of our country. From January 1, 2008, the Employment Promotion Law, the Labor contract Law, and other laws and regulations have been formally implemented. It is a new milestone in the field of labor legislation in China, but in a few months, the implementation of the new law has encountered many practical problems. This paper focuses on the domestic and foreign labor employment policy law and the relevant situation of our country's labor employment right guarantee, finds out the employment discrimination, which is the main problem of our country citizen's employment right safeguard, and deeply analyzes the legal root of the problem. System root, economy root, culture root. It is proposed that the protection of citizens' right to employment should be further strengthened from several aspects, such as perfecting relevant laws and regulations, strengthening the implementation of legal propaganda, perfecting various supporting systems, and promoting the awareness of the rule of law of the whole people. To create a more fair and reasonable employment environment for citizens, to earnestly safeguard the legitimate rights and interests of citizens, to ensure the healthy, orderly and sound development of the job market, to promote the construction of a democratic society governed by law, and to build a well-off society in an all-round way. Building a harmonious society provides protection.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.5
本文编号：2420050
[Abstract]:Employment is the foundation of people's livelihood, the economic base and basic guarantee of every laborer's survival, and a major event related to the vital interests of hundreds of millions of laboring people. The right to employment is the right of equal employment and independent choice of employment for citizens who have the ability to work and wish to work. Protection of workers' right to employment is the inevitable requirement of realizing basic human rights, such as labor right, equality right, survival right and so on. At present, in the face of the common challenge of employment, countries in the world try to solve all kinds of problems in full employment and fair employment by constantly perfecting the laws and regulations of labor employment, so as to ensure employment, maintain stability, develop economy and highlight the rule of law. Under such a background, the research on the protection of citizens' employment right is very active. Their successful experience and lessons in implementing the labor and employment policy law, and the common characteristics of the successful labor and employment policy legal system, have certain reference significance for us. It also helps to eliminate some misunderstandings on the legal system of labor and employment policy. Compared with some developed countries where the labor employment security system is mature, the work of ensuring citizens' right to employment in our country is not perfect enough, the degree of full employment needs to be improved, the situation of fair employment is still not optimistic, and the phenomenon of employment discrimination is relatively common. This is related to the current level of social, political and economic development, as well as the legal, institutional and cultural basis of our country. From January 1, 2008, the Employment Promotion Law, the Labor contract Law, and other laws and regulations have been formally implemented. It is a new milestone in the field of labor legislation in China, but in a few months, the implementation of the new law has encountered many practical problems. This paper focuses on the domestic and foreign labor employment policy law and the relevant situation of our country's labor employment right guarantee, finds out the employment discrimination, which is the main problem of our country citizen's employment right safeguard, and deeply analyzes the legal root of the problem. System root, economy root, culture root. It is proposed that the protection of citizens' right to employment should be further strengthened from several aspects, such as perfecting relevant laws and regulations, strengthening the implementation of legal propaganda, perfecting various supporting systems, and promoting the awareness of the rule of law of the whole people. To create a more fair and reasonable employment environment for citizens, to earnestly safeguard the legitimate rights and interests of citizens, to ensure the healthy, orderly and sound development of the job market, to promote the construction of a democratic society governed by law, and to build a well-off society in an all-round way. Building a harmonious society provides protection.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.5
【引证文献】
相关硕士学位论文 前1条
1 白玉鑫;完善新疆大学生就业保障制度的思考[D];新疆财经大学;2011年
，本文编号：2420050
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