Study On Remanufacture Of Village-in-City Of Changsha City

Sexual harassment is a common social problem in modern society.In the world scope,the United States is the first state that takes this problem into the field of law. And now it has become the state that has a perfect mechanism against sexual harassment since it has mature legislation against sexual harassment and practical experience of dealing with the charge of sexual harassment.Anti-sexual-harassment has increasingly become a major problem in the protection of women's rights and interests.Amendments in Law of the People's Republic of China on the Protection of Rights and Interests of Women increase the provision of "forbid sexual harassment" in Article 40,which leads the legislation against sexual harassment.The concept of sexual harassment can be defined as the sexual speeches and behaviors that the male or the female makes to the opposite sex,that are unwelcome,unreasonable,and violate his or her sex decision-making.As far as the nature of sexual harassment is concerned,the subject of sexual harassment includes the malc and the female,the object that it violate is the sex decision-making,the behavior of sexual harassment is unwelcome,"honest and good-willed injured party" is applied to determine if there is sexual harassment,and the method of deduction is adopted to determine the harm resulted from sexual harassment.The case of sexual harassment is a kind of tort in nature.What it violates is the sex right of the injured party—sex decision-making. There are four requirements that constitute the tort of sexual harassment.At first,the behavior that the actor does is unwelcome and has something to do with sex.Secondly, the sex right of the injured party has been violated,which has done damage to his or her mind and others.Thirdly,there is a causation between the unwelcome and sexual behavior.Finally,it is the subjective fault of the offender.In the litigation of sexual harassment,the major difficulty that the victim confronts is that it is difficult to prove whether what the offender has behaved is unwelcome and sexual.In general,it is the victim that bears the burden of proof,in other words,the victim bears the burden of proof in last three requirements mentioned above and the victim and the offender have to share the burden of proof in the first requirement.The relief to the victim of sexual harassment is the major topic against sexual harassment.Since sexual harassment is a kind of tort,the injured party is generally offered civil relieves such as infringement ceased,apology,compensations.The establishment of the employer's responsibility can protect the injured party in the case of sexual harassment in a better way and it is easy for the injured party to get a relief,because sexual harassment is not only a tortious behavior between the individual citizen,but also a kind of sexual violation committed to their subordinates by the manager and employee who take the advantage of the rights granted by the employer and the working condition offered by the employer.Therefore the employer has the responsibility of protecting his employee to be equally treated and to be safe mentally and personally.As far as the perfection of legislation against sexual harassment is concerned,China has not satisfied the requirement of making a separate statute against sexual harassment at present time. The key to establish a effective legal mechanism against sexual harassment is to focus on the setup of a comprehensive regulatory system against sexual harassment,but not on a certain body law.The local legislature can formulate a local regulation against sexual harassment under the mature condition.