【作者】 陈艳丽；

【导师】 董玉明；

【作者基本信息】 山西大学 ， 经济法学， 2007， 硕士

【摘要】 就业是民生之本。伴随着我国经济体制的转型和产业结构的调整，妇女所面临的就业环境和实际就业状况正在发生着深刻的变化。在我国由传统的安置就业向竞争就业的转变过程中，妇女的就业问题日益严峻。其中，妇女面临的就业歧视使妇女在就业竞争中处于非常不利的地位。就业机会不平等成为妇女获得自身独立和发展的障碍，妇女就业问题也成为全社会共同关注的热点问题之一。如何运用政策和法律手段消除就业中的性别歧视、促进两性平等就业，这是值得人们深思的问题，并且也需要进行不断地研究和探索，具有极强的理论和现实意义。本文立足于我国妇女的就业现状，以宏观调控法为核心，整合法理学、宪法学、劳动法学及经济学、社会学等学科原理和学者的研究成果，对妇女就业问题加以研究，逐步阐述用宏观调控法调整妇女就业问题的必要性和可行性，以期促进我国平等就业法律制度的建立和完善。全文分四个部分。第一部分——妇女就业与宏观调控的基本理论。笔者从妇女就业的含义入手，对妇女就业的现状进行分析，并揭示造成妇女就业现状的历史、经济和社会原因。进而笔者分析了促进妇女就业和宏观调控的关系，提出促进妇女就业是宏观调控的目标之一，也是我国充分利用劳动力资源实现经济发展的重要保证。然而，政策具有临时性，同时政府调节也会“失灵”，从而笔者提出宏观调控法调整的必要性。第二部分——国外促进妇女就业的宏观调控政策及法律调整。首先，笔者介绍了美国、日本和印度在消除性别歧视、促进妇女就业方面的政策和法律，进而对这三个国家促进妇女就业的措施和法律进行对比分析，以期为我国促进平等就业的政策和法律制度建设提供借鉴。其次，笔者介绍了我国已经加入的两个国际公约：《消除对妇女一切形式歧视公约》和《1958年消除就业和职业歧视公约》。作为缔约国，我国有义务尽快出台反对就业歧视、促进平等就业的法律。第三部分——我国促进妇女就业的宏观调控政策及法律调整。在本部分，笔者分析了我国现有的就业政策，提出我国的就业政策缺乏性别视角，忽视了对性别差异的考虑。另外，笔者认真分析我国现有法律对妇女平等就业调整的不足之处，可以看出法律的缺失是造成性别歧视的一大原因。第四部分——促进妇女就业的对策思考。笔者提出要将促进妇女就业作为宏观经济政策的价值取向；完善生育保险制度；出台《促进两性平等就业法》，完善宏观调控法体系。促进妇女就业政策的完善和法律的建立，将为我国解决妇女就业问题提供长效的、稳定的制度保障。更多还原

【Abstract】 Obtaining employment is a source of livelihood for people. With the transition of the economic system and the adjustment of the industrial structure, far-reaching changes have happened to the present employment environment and the practical employment situation for women. During the process from the employment allocation to the job placement, the problem of the women employment has been more difficult increasingly. And the employment discrimination with which the women are confronted makes them stay in a very disadvantageous position during their employment competition. The unequal chances of employment for women hinder them from having their own independence and development, which shows that the issues of women employment has become one of the hot issues of the society. How do we eliminate the sex discrimination in employment by means of policy or laws? How do we promote the equal employment for men and women? These issues are thoughtful to be considerate, and as well they need studying and exploring continuously, which possess academic and practical significance.In the present thesis, the author studies the issue of the women employment, keeping a foothold in the current situation of the women employment and centering on macro-control law, together with the jurisprudence, the constitutions, the labor law, the economic law, the sociology, etc, and the research achievements that the scholars have obtained. Meanwhile, the author sets forth the necessity and possibility to optimize the women employment by way of macro-control law, which ensures that our country builds up and perfects the laws and systems for equal employment. The thesis is divided into four chapters.The first chapter involves in the basic theory of the women employment and the macro-control. The author, with the beginning of the definition of the women employment, carries out the analysis on the current situation of the women employment, and reveals the historical, economic and social causes which result in the current situation of the women employment. Furthermore, the author analyzes the relationship between the employment promotion for the women and the macro-control, and proposes that the employment promotion for the women is one of the macro-control targets and the very important guarantee for the rapid economic growth in our country by using fully the labor resources. However, the policy possesses the provisionally, and simultaneously the government adjustment may also be "out of order", may fail, therefore the author points out the necessity of the macro control.The second chapter is referred to the macro-control policy and the adjustment of the laws which foreign countries have taken to promote the women employment. Firstly, the author introduces the policy and laws which are used to eliminate the sex discrimination and to promote the women employment in America, in Japan, and in India, and carries out the comparative analysis on the ways and laws which are aimed at the employment promotion for the women in these three countries in order to make a good model for our government. Secondly, the author introduces that our country has joined two international Treaties: Convention on the Elimination of all Forms of Discrimination against Women and ILO Discrimination (Employment and Occupation) Convention (1958) (No. 111) . In this way, as a signatory country of a treaty, our country should shoulder the responsibility to come on the laws to oppose the discrimination and to promote the equal employment as soon as possible.The third chapter deals with the macro-control policy and the adjustment of laws which our country has taken to promote the women employment. In the chapter, the author analyzes the actual employment policy, and proposes that our employment policies ignore the consideration to the differences of gender because of the lack of the sex visual angle. In addition, the author analyzes carefully the defects which our actual laws represent in the influence on the adjustment of the equal employment for women, and perceives that the lack of the law is one of the reasons which cause the sex discrimination. In the fourth chapter, the author suggests that our country should perfect the macro-control law and promote women full employment. In order to realize the target mentioned above. The author brings forward that our country needs to take the promotion of the women employment for the value orientation of the macro-economic policy, to perfect the social security system, to establish the women’s maternity insurance system, to promulgate the Laws of the Promotion of Gender Equality in Employment, to perfect the macro-control system. The promotion to perfect the polices of the women employment and to establish the laws consist in a long-effective and stable guarantee of the policy to resolve all the problems caused by the women employment.更多还原