Necessity And Feasibility Studies. Improve The Legal Regulation Of Sexual Harassment In China

Sexual harassment,, an world-wide social problem lasting for centuries. Since ancient times, wherever in in developed countries or developing countries, Sex Harassment existed in certain extent. Actually, the phrase "Sex Harassment" broached by the Dr. Catharine A. MacKinnon in1974, when she represented a relanvent case. In the early Sex Harassment Theory, most part of the content identity-based branches of feminism. Also, it has many limitations for the victims, such as focus only on the point of sexual harassment in workplace. However, as more and more women began to go to outside and work, sexual harassment in the workplace has become increasingly prominent, and showing a gradually heated up the momentum of development-how to define "sexual harassment"? Does the the workplace constitutes established condition of sexual harassment? What kind of Behavior or implied behavior could be considered as an offense or crime? what kind of evidence could be accept and believe?Those questions mentioned above turned sexual harassment, a marginalized social problems to be a popular questions for legal scholars. Even though according to the observed study of author, despite the sexual harassment has been concerned by people and sexual harassment lawsuits has to start appearing, our country is still no "sexual harassment" in the legal establishment of appropriate definition so far. The absence of law is extremely unfavorable to the protection of victims from sexual harassment. That where society, there is tolerate on some degree of sexual harassment and even it becomes the "hidden rules".From this perspective, it is necessary to investigate the absence of legal regulation of sexual harassment. Whether civil law or common law, many countries have adopted legislation to address the issue of sexual harassment. They difiened the behavior that "party with bullying, threats, intimidation, control, oppression, or insult the other acts" with different categories of legislative provisions. Therefore, in this paper, I will integrate use the approach of comparative analysis, example of analysis, logical analysis, demonstration research to study the issue of sexual harassment violations, from the civil law under the tort law perspective. Furthermore, I will propose legal norms systematically discussed during this period to study, for proving the importance of "sexual harassment" under the law of tort legislation, and make specific recommendations, including citing what kind of precedent, and will incorporate it into what a single law (Code). This thesis is mainly composed of three major chapters.First of all, in the introduction section as a preface, the author briefly described the starting point and purpose of the study of this subject, clearly the practical significance of this paper. Secondly, as the body begins the first chapter, the first part of that is, introduce the problems and development of "sexual harassment", and then a brief summary of the ins and outs of the word, with particular emphasis on its argument from a sociological concept of growth as the legal concept of the formation process. The second part of the first chapter on sexual harassment in the present situation in China and China's current laws on its regulation. The second chapter analyzes the legal system is more mature countries and regions, such as the relevant laws of the United Kingdom and the United States, Germany, and Taiwan, Hong Kong region is formed. I the spirit of the original intention of transplant with reference to the different jurisdictions, countries and countries in the region above the legal regulation of a comparative study. Those countries or regions, from the legislation taking into consideration the mechanism for determining sentencing have been more mature, it is felt that our response to its legislative experience in the formulation of relevant laws, to be draw.The third chapter discusses the necessity and feasibility of China's anti-sexual harassment tort law. Troubled and controversial analysis of sexual harassment legislation, the Legislation to build a theoretical foundation for sexual harassment in China. Chapter III is also the focus of this article, especially in the necessity part. The first part of Chapter III discussed the necessity of China's anti-sexual harassment tort law, as well as the flaws of the current law. From the concept of clear necessity, a wide range of social dimensions of sexual harassment tort aspects of implementation of the adverse consequences of a comprehensive analysis, a comprehensive analysis of sexual harassment from a legal point of view;Second part, I also explored the feasibility of China's anti-sexual harassment legislation. That sexual harassment violations as interference, the application of civil law regulation to establish the nature of the tort. Establishing the feasibility of anti-sexual harassment law of tort. By the author from the legislative background and circumstances of China's bold put forward a single law to set up a special sexual harassment in the future civil code tort law, and to demonstrate the feasibility of this I design from a theoretical and practical significance.Implementation of the recommendations from the above, I hope this study can reach the regulation of sexual harassment and to impose remedies for victims. At the same time, the increasing spread of the phenomenon of the sexual harassment, a number of recommendations to give legislators and legal scholars refer to. To the building of the sexual harassment law in the regulatory system suited to China's cultural soil and the legal system. We strive for the early build of the Anti-Sexual Harassment Law, effective prevention of sexual harassment to create good, healthy and harmonious working and living environment for the public.