Research On The Tort Liability Of Sexual Harassment

The appearance of sexual harassment has a long history. Accompanied with the developing of the society and the enhancing of people's legal right safeguarding awareness, the sexual harassment is raised as a legal problem in modern society. The Amendments of Law of the People's Republic of China on the Protection of Women's Rights and Interests has the first time mentioned about sexual harassment, which draws people's attention about the establishing of the legal system of sexual harassment in China. This dissertation bases on the reality of the universal phenomenon of sexual harassment nowadays, consulting the mature law of western countries in theory and legal rules, in order to studies the tort liability of sexual harassment. The article is comprised of four parts besides introduction and conclusion.Chapter I is the summary of sexual harassment. Firstly, introduce the origination of sexual harassment and several representative legal definitions, and then give my definition. Secondly, make an introduction about the current legislation on sexual harassment in China.Chapter II introduces the fundamental types of sexual harassment. Each type of sexual harassment has its own features. And those will lead to apply different standards when consider whether an infringement is established.Chapter III analyses the relationship between sexual harassment and the act of tort. Point out that sexual harassment is one form of act of tort. And then analyses the essential conditions of sexual harassment as a delict.Chapter IV is about the tort liability. It's the central part of the whole article. This part analyses the principles of imputation, exemption excuses, methods of bearing liability and so on. Employer's liability is a special tort liability. But it's the core of the liability for tort of sexual harassment. And introduce employer's liability will be beneficial to the legal system of sexual harassment in China.