促进妇女就业调控法律问题研究
发布时间：2018-10-13 13:49
【摘要】： 就业是民生之本。伴随着我国经济体制的转型和产业结构的调整，妇女所面临的就业环境和实际就业状况正在发生着深刻的变化。在我国由传统的安置就业向竞争就业的转变过程中，妇女的就业问题日益严峻。其中，妇女面临的就业歧视使妇女在就业竞争中处于非常不利的地位。就业机会不平等成为妇女获得自身独立和发展的障碍，妇女就业问题也成为全社会共同关注的热点问题之一。如何运用政策和法律手段消除就业中的性别歧视、促进两性平等就业，这是值得人们深思的问题，并且也需要进行不断地研究和探索，，具有极强的理论和现实意义。 本文立足于我国妇女的就业现状，以宏观调控法为核心，整合法理学、宪法学、劳动法学及经济学、社会学等学科原理和学者的研究成果，对妇女就业问题加以研究，逐步阐述用宏观调控法调整妇女就业问题的必要性和可行性，以期促进我国平等就业法律制度的建立和完善。全文分四个部分。 第一部分——妇女就业与宏观调控的基本理论。笔者从妇女就业的含义入手，对妇女就业的现状进行分析，并揭示造成妇女就业现状的历史、经济和社会原因。进而笔者分析了促进妇女就业和宏观调控的关系，提出促进妇女就业是宏观调控的目标之一，也是我国充分利用劳动力资源实现经济发展的重要保证。然而，政策具有临时性，同时政府调节也会“失灵”，从而笔者提出宏观调控法调整的必要性。 第二部分——国外促进妇女就业的宏观调控政策及法律调整。首先，笔者介绍了美国、日本和印度在消除性别歧视、促进妇女就业方面的政策和法律，进而对这三个国家促进妇女就业的措施和法律进行对比分析，以期为我国促进平等就业的政策和法律制度建设提供借鉴。其次，笔者介绍了我国已经加入的两个国际公约：《消除对妇女一切形式歧视公约》和《1958年消除就业和职业歧视公约》。作为缔约国，我国有义务尽快出台反对就业歧视、促进平等就业的法律。 第三部分——我国促进妇女就业的宏观调控政策及法律调整。在本部分，笔者分析了我国现有的就业政策，提出我国的就业政策缺乏性别视角，忽视了对性别差异的考虑。另外，笔者认真分析我国现有法律对妇女平等就业调整的不足之处，可以看出法律的缺失是造成性别歧视的一大原因。 第四部分——促进妇女就业的对策思考。笔者提出要将促进妇女就业作为宏观经济政策的价值取向；完善生育保险制度；出台《促进两性平等就业法》，完善宏观调控法体系。促进妇女就业政策的完善和法律的建立，将为我国解决妇女就业问题提供长效的、稳定的制度保障。
[Abstract]:Employment is the foundation of people's livelihood. With the transformation of economic system and the adjustment of industrial structure, the employment environment and actual employment situation of women are undergoing profound changes. In the process of transition from traditional placement to competitive employment, the problem of women's employment is becoming more and more serious. Among them, the employment discrimination faced by women makes women in a very disadvantageous position in the competition for employment. The inequality of employment opportunities has become an obstacle for women to gain their own independence and development, and the issue of women's employment has also become one of the hot issues of common concern in the whole society. How to use policy and legal means to eliminate gender discrimination in employment and promote gender equality in employment is a problem worth pondering. It also needs to be continuously studied and explored, which is of great theoretical and practical significance. Based on the present situation of women's employment in our country, and taking the macro-control law as the core, integrating the principles of jurisprudence, constitutional law, labor law and economics, sociology and other disciplines and the achievements of scholars, this paper studies the problem of women's employment. The necessity and feasibility of adjusting women's employment by macro-control law are expounded step by step in order to promote the establishment and perfection of equal employment law system in China. The full text is divided into four parts. The first part-the basic theory of women's employment and macro-control. Starting with the meaning of women's employment, the author analyzes the present situation of women's employment, and reveals the historical, economic and social reasons for the present situation of women's employment. Then the author analyzes the relationship between promoting women's employment and macro-control, and points out that promoting women's employment is one of the goals of macro-control, and it is also an important guarantee for our country to make full use of labor resources to realize economic development. However, the policy is temporary, at the same time the government regulation will also "malfunction", so the author puts forward the necessity of macro-control law adjustment. The second part-macro-control policy and legal adjustment of promoting women's employment abroad. First of all, the author introduces the policies and laws of the United States, Japan and India in eliminating gender discrimination and promoting women's employment, and then makes a comparative analysis of the measures and laws of promoting women's employment in these three countries. In order to promote the equality of employment policy and legal system construction to provide reference. Secondly, the author introduces two international conventions China has acceded to: the Convention on the Elimination of all forms of Discrimination against Women and the 1958 Convention on the Elimination of Discrimination in respect of Employment and occupation. As a state party, China has the obligation to enact laws against discrimination in employment and to promote equal employment as soon as possible. The third part-the macro-control policy and legal adjustment of promoting women's employment in China. In this part, the author analyzes the existing employment policy of our country, and points out that the employment policy of our country lacks the gender perspective and neglects the consideration of the gender difference. In addition, the author carefully analyzes the shortcomings of the adjustment of women's equal employment in the existing laws of our country, and we can see that the lack of laws is a major cause of gender discrimination. The fourth part: the countermeasures of promoting women's employment. The author puts forward the idea of promoting women's employment as the value orientation of macroeconomic policy, perfecting the birth insurance system, issuing the Employment Law for promoting gender Equality, and perfecting the macro-control law system. The improvement of women's employment policy and the establishment of laws will provide a long-term and stable system for China to solve the problem of women's employment.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D922.5
本文编号：2268872
[Abstract]:Employment is the foundation of people's livelihood. With the transformation of economic system and the adjustment of industrial structure, the employment environment and actual employment situation of women are undergoing profound changes. In the process of transition from traditional placement to competitive employment, the problem of women's employment is becoming more and more serious. Among them, the employment discrimination faced by women makes women in a very disadvantageous position in the competition for employment. The inequality of employment opportunities has become an obstacle for women to gain their own independence and development, and the issue of women's employment has also become one of the hot issues of common concern in the whole society. How to use policy and legal means to eliminate gender discrimination in employment and promote gender equality in employment is a problem worth pondering. It also needs to be continuously studied and explored, which is of great theoretical and practical significance. Based on the present situation of women's employment in our country, and taking the macro-control law as the core, integrating the principles of jurisprudence, constitutional law, labor law and economics, sociology and other disciplines and the achievements of scholars, this paper studies the problem of women's employment. The necessity and feasibility of adjusting women's employment by macro-control law are expounded step by step in order to promote the establishment and perfection of equal employment law system in China. The full text is divided into four parts. The first part-the basic theory of women's employment and macro-control. Starting with the meaning of women's employment, the author analyzes the present situation of women's employment, and reveals the historical, economic and social reasons for the present situation of women's employment. Then the author analyzes the relationship between promoting women's employment and macro-control, and points out that promoting women's employment is one of the goals of macro-control, and it is also an important guarantee for our country to make full use of labor resources to realize economic development. However, the policy is temporary, at the same time the government regulation will also "malfunction", so the author puts forward the necessity of macro-control law adjustment. The second part-macro-control policy and legal adjustment of promoting women's employment abroad. First of all, the author introduces the policies and laws of the United States, Japan and India in eliminating gender discrimination and promoting women's employment, and then makes a comparative analysis of the measures and laws of promoting women's employment in these three countries. In order to promote the equality of employment policy and legal system construction to provide reference. Secondly, the author introduces two international conventions China has acceded to: the Convention on the Elimination of all forms of Discrimination against Women and the 1958 Convention on the Elimination of Discrimination in respect of Employment and occupation. As a state party, China has the obligation to enact laws against discrimination in employment and to promote equal employment as soon as possible. The third part-the macro-control policy and legal adjustment of promoting women's employment in China. In this part, the author analyzes the existing employment policy of our country, and points out that the employment policy of our country lacks the gender perspective and neglects the consideration of the gender difference. In addition, the author carefully analyzes the shortcomings of the adjustment of women's equal employment in the existing laws of our country, and we can see that the lack of laws is a major cause of gender discrimination. The fourth part: the countermeasures of promoting women's employment. The author puts forward the idea of promoting women's employment as the value orientation of macroeconomic policy, perfecting the birth insurance system, issuing the Employment Law for promoting gender Equality, and perfecting the macro-control law system. The improvement of women's employment policy and the establishment of laws will provide a long-term and stable system for China to solve the problem of women's employment.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D922.5
【引证文献】
相关硕士学位论文 前2条
1 熊越;我国妇女体面劳动法律保障问题研究[D];华东交通大学;2011年
2 李姝;论《就业促进法》对女性平等就业权的保护[D];北京林业大学;2010年
本文编号：2268872
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