| Sexual harassment is a "has a long past, but a short history of the problem", with women’s rights conscious and constantly improving and feminists arguing, it gradually became a legal concept out of moral category. At present, on the whole world, the sexual harassment does not have a uniform definition, the sexual harassment here refers to the removal of rape and other sexual violence, sexual content, unwelcome consequences movements, gestures, language and graphic display. The essence of sexual harassment is a violation against the harassed person’s sexual autonomy.Along with our country citizen by education and enhancing the level of legal awareness increasing, the original is "to say shy" problem, more and more people choose to take legal weapon to safeguard their rights. In2001July, Ms. Tong to Xi’an Xi’an Lianhu District Court, accusing her boss was molesting her, what is worth mentioning, this is our country the first sexual harassment case. Due to lack of evidence, the court ultimately dismissed the suit Ms. Tong. Since then the country has continued the sexual harassment case continued continue to emerge, but the vast majority are thought to result against the plaintiff.On file difficult, hard evidence, compensation difficulty are three characteristics of sexual harassment cases, can appear the characteristic besides with the sexual harassment itself has the characteristics of customs, and China’s legislation in the backward relationship. In2005the revised "women’s rights protection law" was mentioned for the first time sexual harassment a legal term, on how to reverse the sexual harassment is touch on lightly;2012"Female Worker Protection Ordinance" finally employer shall prevent and stop to female staff sexual harassment obligation. But for the same definition, does not solve the issue of sexual harassment that standard, relief, burden of proof, and again the anti-sexual harassment is "water moon". But undeniable sexual harassment law system of our country is gradually moving forward.This paper is divided into five parts, the first part is through the analysis of sexual harassment and sexual harassment from the connotation of this concept expansion, that sexual harassment is the essence of tort; the second part is to analyze the sexual harassment tort elements; the third part is the analysis of China’s laws against sexual harassment in the existing and their shortcomings are pointed out; the fourth part is the domain of foreign typical countries and regions of the anti-sexual harassment legislation introduced and summed up the experience; the fifth part is the perfection of legislation against sexual harassment advice.Comparative study of application of article, in the investigation of the United States of America, European Union and other countries of the legal system of sexual harassment and sexual harassment, think that our country should take tort against sexual harassment in line, so as to get rid of anti-sexual harassment by location, gender and other factors limit so that the victims of sexual harassment can be protection. Victims of sexual harassment in the workplace is protected to the maximum extent, the author thinks that China should improve the employer liability system, juvenile sexual behavior, the psychology bearing capacity, should be given special protection against sexual harassment.In conclusion, the author thinks, want to improve sexual harassment law system in our country, we must first clear the concept of sexual harassment, the concept is the logic starting point of all. Secondly, to increase the autonomy in the general personality right, to get rid of the current sexual harassment case the victim can only borrow a prosecution cases. The last and most important, I believe that sexual harassment prevention effect is greater than the prior post treatment. So we need to pay special attention to the legal construction of the social system to prevent the autonomy rights of citizens are infringed, especially to prevent sexual autonomy minor violations. |
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