REVISIT TO THE RISING OF THE LAW AGIANST EMPLOYMENT DISCRIMINATION IN

CONTEMPORARY CHINA

再访当代中国反就业歧视法的兴起

Yan Tian                    Post-doctoral Fellow at Law School of Peking University.

Abstract: The Labor Law of the People’s Republic of China has established the defining mode involving three elements, which are the worker’s   characteristics, the employer’s act and the relevance between the characteristics and the act, which primarily determines the regulatory object of the Law against Employment Discrimination. Furthermore, it sets up a framework of analyzing the two opposing rights between the employer’s autonomy in the recruitment and the worker’s right to equal employment, and laid the foundation of regulating the Law against Employment Discrimination. Moreover, it has built a parallel institutional structure of having both the old non-legal and new legal regulating means, and has preliminarily drawn the outline of regulatory means of the Law against Employment Discrimination law. In fact, the Labor Law is the origin of the Law against Employment Discrimination in contemporary China, and the norm generating logics it revealed and stipulated regarding the law against the employment discrimination has provided us the clue and basis for tracing and evaluating the development in this area.