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Student Publications Homepage
ARTICLE CONTENTS
[Pages 345-392]
TOP OF ARTICLE
I. Gender Discrimination in the Workplace
A. Status of Women in the Chinese Workplace
B. The Chinese Government’s Characterization of Discrimination
C. Outside Observers’ Reports on Discrimination
D. Discrimination in Education
E. Job Creation Programs that Favor Men
F. Periodic Employment
G. Age Discrimination
II. Use of Statutory Law to Fight Discrimination
A. Constitution of the People’s Republic of China (1993)
B. The Labor Protection Regulations (1988) and the Labor Law (1994)
1. The Labor Protection Regulations
2. The Labor Law
C. Law Protecting Women’s Rights and Interests (1992)
D. Administrative Litigation Law (1990)
1. Introduction to the ALL
2. Obstacles to Legal Redress Based on ALL Claims
a. Limited Scope of Review
b. Administrative Officials as Defendants
c. Willingness of Citizens to Bring Actions Under the ALL
3. Results of the Implementation of the ALL
III. Difficulties of Seeking Legal Redress Through the Judicial System
A. Conflict of Laws
B. Structure of the Legal System
C. Ineffectiveness of Judges
1. Lack of Independence in Decision-Making
2. Lack of Education and Training
3. Corruption
IV. Strategies to Increase the Success of Challenges to Gender Discrimination in Employment
A. Education
1. Changing Attitudes About the Role of Women
2. Improving Women’s Educational Opportunities
B. The Constitution and Statutory Law
1. Awareness of Laws
2. Enforcement Mechanisms
3. Contingency of Rights
4. Actionable Constitutional Rights
5. Gender Bias of Laws
C. The Legal System
1. Strengthening the Authority of Courts
2. Formulation of Policies to Solve Conflicts of Law
3. Allowing Judges Independence in Interpreting Regulations
C. The Judiciary
1. Qualifications
2. Corruption
3. Female Judges
D. Costs Associated with Employing Women
Conclusion
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