The Study Of Legal Assumption On Sexual Harassment

This article is an analysis on the traditional theory of sexual harassment and its existing phenomena by means of studying the present sexual harassment affairs all over the world and juridical system and theory in western countries, and by means of discussing and concluding its character, composing and types of rights infracted by it in the view of tort law. 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 and methods on the sexual harassment by means of our advantages and juridical system of western countries. After the author seriously studying 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 and right abuse in the working places. On the contrary, it has developed some new characters.2. The sexual harassment is a kind of infringement on other people, which infringes a civil subject's sexual independent right and personal dignity in the way of unwelcome words or acts. Therefore, the infringed is entitled to claim the wrongdoer to assume the liability and compensation. In this way, the sexual independent right can be confirmed. Meanwhile, the legislation on the sexual harassment can impose a limitation on people's behavior to make people know how to respect others' sex rights in daily life.3. The author holds the opinion that the legislation on sexual harassment should be made in a more general law frame by the means of our advantages on the foundation of relevant law system and theory in western countries. One is that the right and way to protect the infringed should be enacted in a special law, which should conclude the basic principles and material measures on preventing and refraining the sexual harassment; and the other is that some special acts such as Civil Code, Labor Law, etc...