Sexual Harassment Tort Liability

The article studies the liability for tort of sexual harassment. Sexual harassment has a long history. It is the creation of the American law, which regulates it as an unlawful act and a tortuous act that can be sued. Based on the research on the American legal liability system of sexual harassment and that of other countries as well as the comparisons between them, by emphasizing the employer's liability and by combining the employer's liability with the relevant theories and provisions in our country, the author discusses the liability for tort in the field of sexual harassment, and puts forward a series of suggestions to the construction of the system concerning the prevention and the punishment of sexual harassment in our country.The article consists of five parts. The first part states the reasons for topic choice, the concerned focuses, and the study method. The second part discusses the relevant problems concerning sexual harassment as a tortuous act of the civil law with a comparative method. The third part is the centre of the whole article and tries to illustrate the liability for tort and the employer's liability. The forth part is about the construction of the system concerning the prevention and the punishment of sexual harassment in our country. As a conclusion, based on what has been discussed above, the author regards the employer's liability as the core of the liability for tort of sexual harassment. In order to prevent and punish sexual harassment efficiently, and to provide relief to the victim, we must adopt the employer's liability in our relevant laws and regulations.