我國公民就業(yè)權保障問題研究
發(fā)布時間：2019-02-11 19:53
【摘要】： 就業(yè)是民生之本,是每一個勞動者賴以生存的經(jīng)濟基礎和基本保障,是關系億萬勞動群眾切身利益的大事。就業(yè)權是具有勞動能力和勞動愿望的公民享有平等就業(yè)和自主擇業(yè)的權利。保障勞動者的就業(yè)權,是實現(xiàn)勞動權、平等權、生存權等基本人權的必然要求。 當前,世界各國面對就業(yè)問題的共同挑戰(zhàn),通過不斷完善勞動就業(yè)法律法規(guī),設法解決充分就業(yè)、公平就業(yè)中的各種問題,保障就業(yè),維系穩(wěn)定,發(fā)展經(jīng)濟,彰顯法治。在這樣一個大背景下,各國公民就業(yè)權保障問題研究顯得十分活躍。他們實施勞動就業(yè)政策法律的成功經(jīng)驗與教訓,以及成功勞動就業(yè)政策法律體系所呈現(xiàn)出的共同特征,對我們有一定的借鑒意義,也有助于消除我們在勞動就業(yè)政策法律體問題上一些認識上的誤區(qū)。 相對于勞動就業(yè)保障體系成熟的一些發(fā)達國家,我國的公民就業(yè)權保障工作還不夠完善,充分就業(yè)程度還有待提高,公平就業(yè)情況還不容樂觀,就業(yè)歧視現(xiàn)象還比較普遍,這是與我國當前的社會政治經(jīng)濟發(fā)展水平以及法律、制度、文化基礎是相關聯(lián)的.2008年1月1日起《就業(yè)促進法》、《勞動合同法》等法律法規(guī)的正式施行,是我國勞動立法領域一個新的里程碑,但在幾個月短暫的運行區(qū)間里,新法的實施就遭遇到諸多實際問題。本文圍繞國內(nèi)外勞動就業(yè)政策法律和我國勞動就業(yè)權利保障有關情況展開研究,尋找出就業(yè)歧視這一我國公民就業(yè)權保障的主要問題,并深入剖析問題產(chǎn)生的法律根源、制度根源、經(jīng)濟根源、文化根源。提出要從完善相關法律法規(guī)、加強法律宣傳貫徹、健全各項配套制度、提升全民法治意識等幾個方面,進一步加強我國公民就業(yè)權的保障。為公民營造一個更加公平合理的就業(yè)環(huán)境,切實維護公民的合法權益,確保就業(yè)市場的健康、有序、良性發(fā)展,推動民主法治社會建設,為全面建設小康社會、構建和諧社會提供保障。
[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.
【學位授予單位】：復旦大學
【學位級別】：碩士
【學位授予年份】：2008
【分類號】：D922.5
本文編號：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.
【學位授予單位】：復旦大學
【學位級別】：碩士
【學位授予年份】：2008
【分類號】：D922.5
【引證文獻】
相關碩士學位論文 前1條
1 白玉鑫;完善新疆大學生就業(yè)保障制度的思考[D];新疆財經(jīng)大學;2011年
，本文編號：2420050
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