Theory Of Sexual Harassment Disputes Civil Procedure Regulation

This doctorial dissertation is the first article which specialized the definition of the sexual harassment and the dispute resolution in china. Taking the important thought of "promoting the sexual equality" and "justness and efficiency". Combining with the condition of China, the writer , by means of comparative and historical actual investigate study, give the assertion of definition of the sexual harassment and the dispute resolution in china.Carry on the systematical research to the sexual harassment not only have the very important theoretical value, but also of great practical significance for solving for the sexual harassment dispute. As we know, from the first sexual harassment case of 2001 Enter the civil procedure in china, several sexual harassment case into the civil procedure again, Because of the blemish of the our country law, the party and court all feel very confused. Upon this, the writer himself, to take his own meager knowledge, try to search the definition of the sexual harassment, the collecting of proof, the confirming of parties, the burden of proof, the proof standard and the character evidence etc.. The text of this thesis consists of ten chapters, about 160,000 words.Chapter 1 is "the definition of sexual harassment case". This chapter firstly talked about the definition of the sexual harassment in twenty countries or regions, Then it tell us the definition of the sexual harassment in china. The definition of sexual harassment show that whether it constitute the sexual harassment by victim's angle of view .the perpetrator' purpose and motives not belong to the factor of the consideration. Secondly, the dissertation discusses the essence of sexual harassment. As far as the essence of sexual harassment is concerned, there are two opinions. One is sexual discrimination, the other is damage of dignity. After analyze the base of two kinds of opinion, the dissertation thinks that china should absorb two kinds of advantages of opinion. In fact, two kinds of opinion is not conflict. He makes sexual harassment more easily understood, prevention and cure under the social background of China.Chapter 2 is "the legal of the controversy relation of category in sexual harassment case". This chapter firstly analyzes some countries or regions adopted the measures in the legal of the controversy relation of category in sexual harassment. Then the writer thinks that china should adopt the labor dispute and personal rights dispute. The right of choice belong the party. It is advantage of changing the people' view, which is only a kind of private risk, but is not a kind of power to oppress. Secondly, the dissertation discusses the kinds of theory about the object of civil law in the sexual harassment case. The writer thinks that the object of civil law in the sexual harassment case is the right of self-determination.Chapter 3 is "the parties of sexual harassment case". This chapter firstly talked about the scope of the plaintiff. For the sake of the protecting the victim' legal rights, in addition to victim, someone else also bring a complaint in some countries or regions. Secondly, the dissertation discusses the employer is a defendant in the case of sexual harassment in some countries or regions. The dissertation also discusses the proper base of making the employer become a defendant. At the same time, it makes us know how to judge it. Finally, the article analyzes the ways how to judge the party by the ways of Internet and the cellular phone message implement sexual harassment behaviors.Chapter 4 is "the collecting of evidence of sexual harassment case". This chapter firstly talked about that the difficult root come from the improper arrangement of motive,power(right) and responsibility. Which is the parties have most the motive to collect the proof, but they have no right; The judge has no motive, but he/she has legal power. Secondly, the article analyzes four ways how to solve the difficulty. The basic measure is the writ of investigate system, then allow the victim by herself (himself) any situation of records the process of the sexual harassment in any ways. At the same time, it should allow to victim ask for help from the national specialized organization. The dissertation also discusses the collections method of the electronics proof.Chapter 5 is "the burden of proof in sexual harassment case". This chapter firstly talked about that some countries or regions adopted the special measure in burden of proof. Then the writer thinks that china should accord the different type of the sexual harassment case to offer different type of the burden of proof. Combining with the case, then the article analyze the reason in sexual harassment case of power and the sexual harassment case of non-power. Finally, the article analyzes the burden of proof by the ways of internet and the cellular phone message implement sexual harassment behaviors.Chapter 6 is "the proof standard in sexual harassment case". This chapter firstly talked about the proof standard of more probability can't promote the true facts be discovered, It also assign the litigation risk unfairly between the parties. Then the dissertation thinks that the case of sexual harassment should apply advantage proof standard. This paper attempts to establish a legal theory of lowering of proof standard. Finally, the article is also provided a few concrete methods.Chapter 7 is "the applying of character evidence in sexual harassment case". Kant' moral philosophy and the scene determinism of social psychology make the people think that the value of character evidence is very pimping, so that the character evidence should be expel. However, the experience show that everyone's behaviors are not uncertain, This make the value of character evidence is more and more attraction. As a result, the writer thinks that perpetrator' character evidence should be considered. However, the victim' character evidence about sexual conduct should be excluded.