就业性别平等立法模式选择

世界的很多地方,如瑞典、美国,已经建立了一种就业上性别平等的立法策略,形成以瑞典为代表的北欧模式及美国模式。这些模式或以消极禁止为主,或以积极促进为主,通过政府责任及向雇主责任的转移,促进就业上性别平等的实现,不同的立法模式体现出不同的法律效益效用。而在我国,目前仍沿用计划经济时代的国家保护模式,这种模式在转型后已产生了一些新的问题,应尽快在吸收别国经验教训的基础上,选择适合本国的性别平等立法模式。

Selection of the Legislation Patterns for Sexual Equality in Employment

In most of the countries,such as Sweden and America,a legislation strategy for ensuring sexual equality in employment has been established as north European pattern represented by Sweden and American pattern.These patterns either take passive prevention as their main target or focus on active promotion as their key aim.All of these patterns are generally taking recourse to the transference of the government's responsibility to employers and promote realization of sexual equality in employment.In a word,different patterns have their distinctive effects.But in China,the pattern of state protection formed in the planning era is still adhered to,and such a pattern has brought forth some new problems after structural transformation.It is thus necessary to choose a pattern of sexual equality in employment in reference to the experiences of other countries,which might be appropriate to the particular situation of China.