The Study Of Civil Law Assumption On Sexual Harassment

Since July 2001, the Chinese mainland has more than 10 civil cases of sexual harassment. With the deepening of China's rule of law and the strengthening of civil awareness of the law, sexual harassment victims to seek judicial relief in the civil case, the increasing legislation punishing sexual harassment voice getting higher. However, the plaintiff experienced the difficult process and the majority of cases on file for the final against the Chinese civil substantive and procedural laws against sexual harassment in the legislative deficiencies have a direct relationship.《People's Republic of China Women's Rights and Interests Protection Law》amendment explicitly prohibits sexual harassment of women at 2005; However, the protection of the plaintiff successfully launched proceedings to change "by ad" and no such cases before the Court a situation of interdependence, China's civil legislation needs to be echoed.What the law should be applied with Sexual harassment in all countries triggered a heated debate, but still does not have a conclusion. In fact, this is due to the nature of sexual harassment is still no clear understanding. The article points out that natural sexual autonomy and the right to human dignity is the act of sexual harassment against the direct object. The article points out that natural sexual autonomy and the right to human dignity is the act of sexual harassment against the direct object. And sexual harassment on the issue of infringement of civil law from the perspective of an analysis of sexual harassment constitute elements of the tort; principle of attribution of sexual harassment and civil burden of proof to improve the distribution of recommendations, as well as victims of sexual harassment damages, and other legal issues Solution for the corresponding countermeasures.The full text altogether divides into four chapters The first chapter introduces the concept of the definition of sexual harassment, sexual harassment is a common type of sexual harassment and the concept definition. Among them, at home and abroad, introducing the concept of sexual harassment as defined, referred to China's Hong Kong and Taiwan on the concept of sexual harassment, and cited China's domestic some academics and local legislation on the definition of the concept of sexual harassment. The second chapter introduced the United States, Australia and France and other countries of sexual harassment law system, also introduced China's Hong Kong and Taiwan regions of sexual harassment legislation system, and these countries and regions in the legal regulations for the assessment. The third chapter discusses the necessity of sexual harassment and sexual harassment from a tort liability and the Elements of the civil sexual harassment against both the objects of sexual harassment laws and regulations of the public to conduct a feasibility analysis. The fourth chapter introduced in China on sexual harassment legislation and the relevant assessment to be proposed on the basis of the relevant sound recommendations.