The Study Of Sexual Harassment--In The View Of Tort Law

This article is an analysis on the traditional theory of sexual harassment and its existing phenomena in the view of jurisprudence and sociology by means of studying the present sexual harassment affairs in China and mature juridical theory and system in western countries, and by means of comparing the present existing sexual harassment phenomena with similar phenomena developed in the future in the view of tort law. After the author seriously studied the internal and external materials about the sexual harassment, the following conclusions are drawn.1. The sexual harassment now goes beyond the traditional definition that the sexual harassment is confined to the sexual discrimination in the working places, which is proved that the legislation on the sexual harassment is very important and necessary.2. The sexual harassment is a kind of infringement on other people, which infringes a civil subject's personal dignity and sex spiritual pure right in the way of unwelcome and sexual obscene words or acts. Therefore, the infringed is entitled to claim the wrongdoer to assume the liability and compensation. In author's opinion, the sexual harassment should be regulated by tort law and the personal dignity including the sex spiritual pure right is protected by law ; so any one is privileged to claim compensation if he or she is infringed by the unwelcome sexual insult, which may lead the infringed to spiritual suffering and interfere his or her happy daily life. The purpose of legislation on the sexual harassment is to impose a. limitation on thepeople's behavior so as to protect every one's personal dignity, sexual consciousness and the right to freely and properly enjoy sex.3.It is urgent to legislate law on the sexual harassment in China in view of the present sexual harassment situation, so the author holds that the legislation on sexual harassment inland should be made in two parts by way of learning from the law system and theory in western countries. One is that the right and way to protect the infringed should be enacted in the Civil Code; and the other is that some special acts should be formulated to make sure that the suffered of sexual harassment could have the chance to relieve her or him from the suffering and be compensated.By describing the various sexual harassment phenomena, the author hopes to correct some wrong understanding about the sexual harassment so as to illustrate the necessity of legislation on the sexual harassment. By illustrating the thought that the sexual right is one of the basic rights enjoyed by a civil subject, this article aims at verifying that the purpose of legislation is to protect the right and provide remedial way for the infringed so that more attention may be paid to the sexual harassment.