The Study On Legal Regulation Against Sexual Harassment

The sexual harassment has become the widespread legal problems inthe whole world, to which the lawmaking is different to each other. Howto regulate the sexual harassment is an urgent social problem, also a legalissue. However, there exists a basic choice between the stand on thelegislation and the one on the justice to take the protectionism in theoffice or adopt the protectionism as a kind of right. According to thepresent legal system and the social value in our country, we should takethe stand on the right protection is focusing on the private right to protectthe right of sexual freedom of the natural person, and absorbing thereasonable opinion of the protectionism in the office to make up the legalsystem of cracking down on the sexual harassment. It is no doubt that theexistence of "sexual harassment" is a fact in China. And sexualharassment has become an issue arousing increasing in China today.However, resolution of the issue, whether in theory or practice, has notbeen satisfactory despite efforts made along the line. However, what is"sexual harassment"? How to confirm it in terms of technique of law,how to crack down on and punish it effectively? All these problems suchas sexual harassment, gender discrimination, employer liability, law onthe protection of the rights and interests of women, are puzzling judicialfunctionaries, and which need solving urgently whether in theory and inpractice. This article argues for the adoption of legislation against sexualharassment. First, this legislation should provide definition of sexualharassment, which will cover sexual harassment in the public places,woman-to-man harassment, same-sexual harassment, and non-employeesexual harassment. Secondly, the legislation should be based on anorientation against gender discrimination, and it should high lightemployer liability. Finally, there should set up a legal system to enforce the legislation against sexual harassment, which integrates both means ofthe civil law and public law. The safety of the people is the highest law.In short, there is a lot for us to do to perfect our country's legal regulationagainst.