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《就业促进法》已于2008年1月1日正式施行,然而该法并没有规定反就业歧视公益诉讼制度,这不能不说是种缺憾。因为,传统诉讼法理论将原告资格限制在申诉人须与本案有直接利害关系,对于大量不直接损害公民个体平等就业权利但造成社会公平就业秩序遭受损失或有损失之虞的歧视行为,公民被认为不具有直接利害关系,其原告资格不被承认。这样,当公平就业秩序遭受侵害时或有侵害之虞时,公民便无法通过司法手段来维护这一公益。反就业歧视公益诉讼制度的出现,既是诉讼法对其自身只顾及保护私人利益的狭隘性突破,也是对传统诉讼法律制度的超越。
The Employment Promotion Law came into effect on January 1, 2008. However, this law does not provide for a system of anti-employment discrimination in public interest litigation. Because the traditional litigation theory limits the plaintiff’s qualification to the case that the claimant has direct interest in the case. For a large number of acts of discrimination that do not directly undermine the equal rights of employment of citizens but result in loss or loss of social fair employment, Think there is no direct interest in the plaintiff qualification is not recognized. In this way, when the fair employment order is infringed upon or infringed upon, citizens will not be able to defend the commonweal through judicial means. The emergence of anti-employment discrimination public interest litigation system is not only the narrow breakthrough of the law of litigation on its own protection of private interests, but also the transcendence of the legal system of traditional litigation.