论反就业歧视法的多元综合实施理论

我国现行反就业歧视法律制度采用单一的司法实施机制,无法得到有效实施.就业歧视本质上是群体与群体之间的利益冲突,而非个体利益冲突.反就业歧视法客观存在着群体化个体利益和群体化社会利益两种法益.反就业歧视法有群体化个体利益实施模式和群体化社会利益实施模式两种,两种模式都突破了传统私法个体利益实现机制和传统公法公共利益实现机...

On the Multiple Comprehensive Implementation Theory of Anti- Employment Discrimination Law

The current anti-employment discrimination legal system in China adopts a single judicial implementation mechanism, which cannot be effectively carried out. Employment discrimination is essentially a conflict of interest between groups, rather than individual conflicts of interest. The anti-employment discrimination law objectively has two legal interests of group individual interests and group social interests, as well as two implementation models of group individual interests and group social interests. The two models both break through the traditional private law individual interest realization mechanism and the traditional public law public interest realization mechanism, and maintain group personal interests and group social interests through multiple comprehensive implementation mechanisms. The anti-employment discrimination law in China should construct a pluralistic comprehensive implementation theory, which includes three implementation mechanisms of administrative implementation, social implementation, and individual implementation to safeguard the interests of group individuals and the public interests of society.