法律规范与组织策略：制度变迁中的女性劳动权益

摘要

The earlier work unit system, which was built on a unity of national target and organizational targets, promoted the protection of female labor fights and interests and thus, gender equality in employment. The economic reforms have since changed the previous system as division of organizations has created void in the system to protect women＇s rights and interests and hence, required laws and regulations that have widespread binding force to do the job. Organizations inside and outside of the system have adopted different strategies as they shoulder differently illegal costs and costs of having women employees. While the former mainly occurs in the process of employment, the latter arises in hiring processes, both which give rise to gender inequality.%传统的单位体制下国家目标与组织目标的一致性促进了女性劳动权益的保护，保证了就业领域的性别平等。经济体制改革改变了这种制度条件，组织的分化要求具有普遍约束力的法律和法规来弥补女性权益保护方面的制度缺失。体制内组织与体制外组织由于承担女性成本和违法成本的不同而导致不同的组织策略，使得两者在性别不平等的发生机制上存在差异，前者主要表现在接纳就业上，后者则主要表现在就业的过程中。