The Research Of Legal Regulating Of Workplace Sexual Harassment

As a form of gender discrimination, sexual harassment in workplace has become one of the hot topics in current world. This problem has been a serious one in our country. It just violates human dignity and legitimate rights on the surface, but it deeply hindered the equality of two sexes in employment. So the writing purpose of this thesis is to emphasize that the sexual harassment behaviors in workplace is not only a simple tort, but also a kind of serious gender discrimination. On the basis of the relevant legislation of other countries, and according to our national conditions and the main direction of formulating relevant laws, this paper has a further discussion of the specific approaches for regulations of sexual harassment in workplace.This thesis can be divided into four parts:The first part is to introduce the general problem of sexual harassment in the workplace. It mainly indicates from three aspects:the definition, types and nature of sexual harassment in the workplace. Sexual harassment in the workplace refers to all the behaviors which have the sexual nature and are unpopular, against the employee's or job seekers'intention. This kind of behaviors will produce the effects which will interference someone's conditions of labor unreasonably, or will cause a menacing, hostile or offensive working environment and then affect the victim's performance. According to the sexual harassment behavior in workplace itself, it can be divided into following types:1, exchange type of sexual harassment; 2, hostile work environment of sexual harassment; 3, Sexual commits. Essentially sexual harassment in workplace is a kind of gender discrimination. Therefore, our nation should supplement and improve the relevant laws and regulations to regulate the sexual harassment in workplace and to powerfully security victim's legitimate rights.In the second part the thesis indicates the legal restriction condition of sexual harassment in workplace in foreign countries and other areas. It compares and analyses the legislative experience of three representative countries:USA, Germany and Taiwan about regulation of sexual harassment in workplace. Combined with the actual situation in our country, the current trend of workplace sexual harassment problem solving, namely the advance guard to strengthen and relief means diversification.The third part mainly points out the lack of legal regulation of sexual harassment in workplace in China. It mainly displays in the following aspects:1, unclear of legal regulation, lack of maneuverability.2, inadequate relief of the behaviors.3, lack of advance guard provisions.The fourth part is the key part of this thesis. it mainly discusses how to construct and improve the legal regulation of sexual harassment in workplace in our country.1, we should effectively regulate the sexual harassment in workplace. The evidence is the top priority. The author thinks that our country should adopt the following methods to solve this problem:First, the evidence rules for advantage. Second, pay attention to the witness evidence.2, we should introduce the responsibility system of employee.3, we should further establish the prevention system and appeal system of sexual harassment interior of workplace. Through adopting the above three aspects, we can safeguard the victims' legitimate rights promptly and effectively.