Research On Civil Liability Of Sexual Harassment

Chinese are familiar with this noun of "sexual harassment", begin with US President Clinton's sexual harrassment case. Though the definition of sexual harrassment all over the world varies, it is the focus of the report. The text bases on the reality of its common existence , consulting the mature law of the west countries in theory and legal rules , carrying out some superficial research.The full text is divided into three parts, i.e. "the definition and character of sexual harassment", "the elements of sexual harassment", "the civil liability of sexual harassment". Mark state as follows:Part I through enumerates the different definition of sexual harassment all over the countries and areas, unifies our country and the western countries traditional custom and the cultural difference, pointing out the sexual harassment phenomenon having already broken tradition sexual harassment definition that it is a sexism discrimination in the working condition. But starts in a more widespread space to display the special characteristic which some traditional theories cannot cover. What right having infringed upon others by sexual harassment, the angle and infringing upon individual rights in the west countries without exception from sexism carry out analysis. Enclosure national conditions in our country, our country scholars analyse almost all from infringing upon the individual rights angle. Go so far as what right to infringe upon ,the opinions vary. The author believes the character of sexual harassment is one kind of the civil delict encroaching on others dignity of human personality.Part II points out the general elements of sexual harassment: Firstly, the behavior person puts sexual harassment behavior into practice. The author points out that the behavior persons and performance way are widespread, and the behavior persons' psychological condition, to the victim's psychology manner the weight is not "whether voluntarily" but "unwelcome". Secondly, actual losses or damages. To damages the request of the consequence must attenuate and profit from the objective standard of the western nation "the reasonable person" .And tounify the victim subjectively to recognized the consequence of sexual harassment activitity is whether serious or not .Thirdly, causal connection between tortious conducts and damages. It is precisely the behavior person's sexual harassment activity violates the litigant's will, and violates the victim's personal dignity, so creating the mental pain or the property loss to the victim. Finally, the behavior person implements the behavior intentionally. Totally regard the subjective mistake as the subjective constitution of civil liability, will cause the concept magnificated. But consider intention as the subjective constitution of civil liability ,is stricter and more accurate. The working site sexual harassment is a peculiar sexual harassment type , which has peculiar classification and elements. The author divides that into "quid pro quo harassment "and "hostile work environment".Final part is the civil liability of sexual harassment. The bearing way of general infingements of rights is stop encroaching on, apologize, remove effect, rehabilitation and compensate for loss. Regarding the punitive compensation, we should consider the period of sexual harassment, to victim the personal dignity harm degree, the subjective manner of the accused person, the accused person to victim's damage control processing and so on. But the sexual harassment particular infringement liability is the employers liability, in the different situation the employer undertakes the relative liability separately.