A Number Of Issues Of Sexual Harassment Under The Civil Procedure Vision

Sexual harassment is a intractable problem in the civil procedure in recently years. It is derived from attention of public and absence of law. This problem , How to validly deal with it, become a mission of us. This dissertation focuses on the problem of party, burden of proof and standard of proof, in order to provide some theoretical support for our civil procedure legislation and instruct our practice in court. This dissertation is comprised of four parts beside introduction and conclusion.Chapter Ⅰ deals with the status quo of sexual harassment and the puzzle dom of sexual harassment in civil litigation. Firstly, it studies the definition of sexual harassment. Though there is all kinds of definition of sexual harassment, but they have some common point of view. That is inflicter carry into a behavior on sex, and which is not be welcomed to the injured person. At the same time, a great deal of data indicate: sexual harassment is ubiquity. The puzzle dom of sexual harassment include the "admittance" , affirmance of party of inflicter and the hardship of providing evidence in civil litigation.Chapter Ⅱ focuses on the research of the scope of inflicter and determinant of inflicter. The employer and the ISP internet should become inflicter in sometime. Baseing the theory of supervision , cortroling, obligation of" notice, the employer become the party of inflicter. when we decide whether it is inflicter or not, we should take into account the existence of relation of engaging, and whether the employee do it in the course of fulfillment of duty. To the ISP internet, weshould consider whether it is fulfil its responsibility actively when the sexual harassment has happened.Chapter Ⅲ deals with the distribution of burden of proof in the case of sexual harassment. sexual harassment should be composed of type of power and inpower. The burden of proof should take on by the inflicter and the injured person in case of sexual harassment of power. that is to say, whether the injured person is harassed by the inflictershould be proved by the injured person and inflicter. the injured person would unburden the burden of proof when she(he) proved that the likelihood of sexual harassment is biger than that of impossibility. That is base on these reason. On the one hand , the injured person is the attacker of litigation. On the other hand, the sexual harassment often take place in the field of. cortroling by the inflicter, which is because of the inflicter' power. The burden of proof shoul be charged in the case of sexual harassment of inpower. It is because the inflicter can't control the circumstance of sexual harassment, and the inflicter haven't the predominance of mentality of sexual harassment, When the ISP internet become the inflicter, it should take on the burden of proof of demerit.Chapter IV deals with the lowering standard of proof of sexual harassment in civil litigation. This dissertation points out that we adopt the proof standard of high probability in ordinary civil case, but for the case of sexual harassment we should lighten the standard of proof. Several factors contribute to this. Firstly, the behavior of sex of human have the characteristic of spontaneousness and privacy. Secondly, the sterner sex and the fair sex is equal, so they should take on the risk of lose a lawsuit equally . Thiedly, different civil case should have different proof standard. In civil procedure, the proof standard of lightening of sexual harassment may be realized by this ways , such as proof by estoppel, disturbing of proof and so on.