Courts in World Cultures -- a Report Term Paper

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  • Subject: Sociology
  • Type: Term Paper
  • Paper: #45552924

Excerpt from Term Paper :

Courts in World Cultures -- a Report on China


Discrimination is one of the most critical issues of the present times. It refers to the societal practices and behaviors which deprive a certain group of people or minorities from enjoying equal rights in a society (Yang & Li, 2009). Discrimination separates people on the basis of racial and ethnical differences, religious beliefs, gender, class and power, etc. To encounter this issue and eliminate it from their societies and workplaces, nations from all over the world have been devising their own anti-discrimination laws and practices (Wilson, 2012).

The following sections are dedicated to discuss this most serious issue from the context of Laws and Courts in the People's Republic of China (PRC). That is, what are the role of Chinese Laws and Courts and the overall progress of Chinese nation in reducing different inequality practices and behaviors from its society?

The Role of Laws and Courts in China in reducing Discrimination

China claims to be a Communist society where there is no inequality or discrimination for minorities (Yang & Li, 2009). But for the last few decades; especially since late 1970s, China has seen significant changes in its urban mobility, employment practices, life styles and preferences, family structures, and the like. These changes have reshaped the way people behave in the society with their local residents and minorities (Yale Law School, 2008). China has not put in practice any specific law or legislation to encounter the issue of discrimination in its society. But there are some clauses and provisions in different laws that throw light on the importance of implementing anti-discrimination practices in society and workplace (Mayer Brown JSM, 2009).

The Constitution of China:

China's Fifth National People's Congress adopted the Constitution in 1982. The Article 33 of the Constitution entails provisions on the equal employment opportunities for all the members of the society (Wilson, 2012). It says that everyone is equal in the eyes of the Law; there should be no discrimination for female population in hiring and recruitment practices in the public or private sector of the country. The Law says that women should be given equal employment opportunities and benefits once they are recruited for jobs (Yang & Li, 2009).

As China has become a potential target market for large scale businesses from all over the world, it is exposed to a high degree of diversity in the business world. Keeping in view the need to institute a system of equal employment opportunities for females and all the minority groups in the business world, China has improved its administrative and legislative structure. It will help the State Government in reducing the pressures of injustice and inequality with the most disadvantaged groups of the society (Yang & Li, 2009).

Another discrimination which is largely observed in the Chinese workplace is height and appearance discrimination. Private sector employers give preference to the local residents of the country over the Black people that come from other nations of the World. An increasing trend of racial discrimination has been observed since the evolution of Globalization and the internationalization of businesses. The Chinese Constitution does not contain any clause or provision on the color or racial discrimination in the country (Wilson, 2012).

The Labor Law of China:

The Labor Law of China also gives emphasis on equal employment opportunities for female population in the Chinese workplace. It says that female employees should not be rejected from any kind of jobs due to their gender except from lower level labor jobs. This Law basically addresses the rights of laborers and lower level workers in the Chinese marketplace. However, it endorses the employers to pay wages according to the work done by each laborer, irrespective of his gender, race, nationality, or religious beliefs. It also restricts the employers from giving hard jobs to female employees (Yang & Li, 2009). The Chinese Laws and Regulations also get a deep influence from the political parties that mold these Laws as per their own interests.

The Employment Promotion Law of China:

The Employment Promotion Law of China also entails some detailed provisions on eliminating discrimination practices from the workplace. It says that women and minority groups of the society have an equal right to enjoy the opportunities and facilities available to all the major groups. Employers are not supposed to reject females, racial minorities, disables, and the ones who suffer from epidemic pathogens just because they are not counted among the general public of the country (Mayer Brown JSM, 2009).

The Employment Services and Management Regulations:

The Employment Services and Management Regulations give emphasis on the equal employment opportunity for all the minority groups of the society by arguing that employers must not set a biased criterion in their recruitment processes. It says that employers should not advertise their job vacancies in a way that may discourage or make the minorities illegible to apply for those vacancies. The Employment Protection Law and the Employment Services and Management Regulations also stresses upon the equal rights of the people who suffer from any epidemic pathogens like Hepatitis, Swine Influenza, or other fatal infectious diseases. However, the Law restricts these types of people from working in the Foods and Confectionary industry of the country (Wilson, 2012).

The Women Protection Law:

The Women Protection Law also addresses the same issue in the Chinese legislative structure by stressing on the equal rights of females in every aspect of life. It contains discussion on the protection of women's rights in case of promotions, training and skills development, employment benefits, and flexible work options. The Women Protection Law also discourages the sexual harassment practices that have become quite common in the Chinese workplace (Mayer Brown JSM, 2009).

In case a female employee feels misbehavior or any other form of harassment from its male coworkers or employer, she can report against it in her department as well as appeal in the Court of Law. However, the Law has not defined any penalties or actions that may stop such type of violation in the Chinese workplace. Therefore, no reduction has been observed in sexual harassment and discrimination practices in the public and private sector of the country. Although the Chinese Legislation is full of protective measures and regulations for the women rights in the society and workplace, there is still a large gap between the current position and the desired level of discrimination-free society (Yang & Li, 2009).

The Disabled Persons Protection Law:

It is generally noted that disabled people are not treated well in the society they live in or the workplace they work for. Reason being, they are considered as the most disadvantaged and inferior group of the society. The Chinese Court of Law has taken numerous steps to eliminate the disability discrimination from the societies and workplaces of the country. The first and the most important step is the introduction of a Quota System for the disabled citizens (Mayer Brown JSM, 2009). Through this system, a specific percentage of seats in every type of public sector organization are made available to be filled by the disabled people. Moreover, these organizations are required to provide a safe working environment and more flexible work options to this disadvantaged group of the society (Yang & Li, 2009).

The Disabled Persons Protection Law of China also allows the disabled people to report discrimination or any type of violation of rights to their respective departments of the State Government. They can file their suit against the guilty people or employers along with the details of the violation. The State Government is responsible to take action against these guilty people and compensate the disabled people in all aspects (Mayer Brown JSM, 2009).


Although China has not introduced any specific Law or Regulation to address the issue…

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