On Legal Regulations Of Sexual Harassment

The concept of sexual harassment appears in US at first in 1970s, and it is proposed by US feminism jurist Catharine A Mackinnon. She thought that sexual harassment, which was a disgusting need, was imposed on the females under the unequal conditions, and recognized that sexual harassment was a kind of sexual discrimination. Along with our society developing at a very fast speed,the existence of sexual harassment is a fact in China. And sexual harassment has become an issue arousing increasing in China today. However, there are infinitesimal victims in sexual harassment who appeal to law in real life.That is why?Because the harm caused by sexual harassment is getting more serious, China's legal system for regulating sexual harassment is at an early stage and practical experience is not very rich, our country should borrow ideas from legal system and practical experience for regulating sexual harassment in foreign countries. And then we can put forward the conceive of China's legal system for regulating sexual harassment. This paper is divided into five chapters to put forward suggestions on sexual harassment.The first chapter analyzes the concept of sexual harassment .Because the concept is not clear,it is more difficult to regulate sexual harassment.Thereby the legal system for regulating sexual harassment will loose its efficacy.The definition of sexual harassment is in dispute.The characteristic of sexual harassment is generally regarded as a sexual discrimination in foreign countries.However,our scholars regard it as one of torts.Which point is more suitable for China's situation, we will give a detailed analysis. In the second chapter, the author analyzes the characteristic and constitutive requirements of sexual harassment.It is the basis to have a good understanding of sexual harassment. In the third chapter, the author introduced the current situation and harm of sexual harassment.In the last two chapters,the author analyzes the current regulatory system status and compares with other countries.The author analyzes the problems and the reasons of legal system for regulating sexual harassment. Then puts forward the conceive of China's legal system for regulating sexual harassment.In the first section there is the choice of legislative models. Secondly we should make the onus probandi of sexual harassment clear.China's first sexual harassment case gives law researchers a lesson.Why the victims of sexual harassment reluctant to use the weapon of law to protect themselves? The most difficult thing is making the onus probandi of sexual harassment clear.The existence of sexual harassment is the inevitable outcome of the development of society.How to regulate effectively and minimize the damage is the responsibility of law learners and researchers. And that is the aim of this paper.