A study of prohibition of discrimination in private law relations

点击翻译按钮获取中文摘要

In the modern society, discrimination becomes the big problem not only in labor relations, but also in other private law relations. In reference to the Arguments about "das allgemeine Gleichbehandlungsgesetz" in Germany in particular, I established in this study the doctrine of prohibition of discrimination by considering discrimination to be the infringement of right of personality and an infringement of the social participation right not an infringement of the right to equality. According to the theory of duty to protect the fundamental rights, I built the frame to judge the requirements of prohibition of discrimination and its remedies.