The Civil Study Of Sexual Harassment Problem

Sex harassment has been a heavy topic with common occurrence in our society. Most of victims are female. When they are encroached by sex harassment, most of them choose silence, and the minority turn to law for help, especially in China. Ms. Tong accuse her senior of sex harassment , making iceberg come out, which immediately cause a great disturbance in society, lead to public attention and dispute to this social phenomenon. Sex harassment has been not only the moral matter, but also the legal matter. Women Protecting law which passed in August,2005, definitely assert that sex harassment aim to women is forbidden at the first time. However, the only regulation cannot efficiently restrain sex harassment, nor protect the victims. What is sex harassment, which action can be regarded as sex harassment, on which kind of right has infringed, how to quote, how to protect the victims, and so on, all these problems need answer and settle.According to power factor, the text adopt sex harassment with power factor and sex harassment without power factor, thereby bring forward different the burden of proof, hope to offer an available legal regulation model to protect the rights of victim.The full text divides into four parts, namely the basic law problem of sex harassment, the overseas sex harassment's status quo and legislation, the status quo in our nation and current legislation against sex harassment, the consideration about perfecting our nation legislation about sexual harassment, mostly involved the burden of proof.The first part refers to sex harassment definitions, characters, reasons and sorts. Sex harassment has broad sense and narrow sense, in this text the writer trend broad sense. Sex harassment also occurs in non-working place except working place. The social reason is the inequity of power distribution. Someone who has superiority to others can make use of power which society bestow to do sex harassment , therefore this can be defined sex harassment with power factor. There may happen sex harassment between equal body, but lack superiority, this can be defined sex harassment without power factor。Both of two kind of sex harassment include gender discrimination. The rights body which sex harassment aim at include opposite sex body and the same sex body. The second part refers to other nations legislation about sex harassment, mainly introduce America, Britain and Hong Kong , Taiwan areas in our nation, explore the common character.The third part refers to our nation status quo about sex harassment, current legislation against sex harassment and problems in existence.The fourth part refers to our nation status quo about perfecting our nation legislation against sex harassment. The burden of proof contains four factors: the tort, the tort result and the cause and effect between the tort and damage result. The victim burden the proof of the tort, the cause and effect. In sex harassment with power factor, both the victim and invader burden the tort behavior .In Sex harassment with power factor, the victim burden the responsibility for the tort proof. The writer approve of liability of the employers。If sex harassment happen at working place, the employer has responsibility to curb on sex harassment, protect the interests of the weak persons, otherwise they will be faced with burden the civil responsibility to the victim.