Research On The Tort Liability Of Sexual Harassment In The Workplace

Workplace Sexual Harassment is very common in China. It has affected the normal lifeof the majority of workers in the workplace. It was found that the principles of " Law of thePeople’s Republic of China on the Protection of Rights and Interests of Women "," Laborprotection of female employees of special provisions "and the" Labor Law " can obviouslynot meet the relief of the infringer-aspirations. From the point of the Tort Liability Act,Workplace Sexual Harassment has infringed the fundamental rights of workers workingenvironment, the right to sexual autonomy. In order to protect the legitimate rights of workersin the workplace, this article studies the cognizance of tort liability of Workplace SexualHarassment, analyzes and discusses the infringement object, the imputation principles and thecompensation for damages of Workplace Sexual Harassment, earnestly seeking the legal basisfor workplace workers.This article mainly studies the cognizance of tort liability, the imputation principles andthe compensation for damages of workplace sexual harassment, from the point of constituentelements of the tort liability, with the methods of literature research, comparative study,functional analysis and others. The first part of this article is the overview of the basicconcepts of Workplace Sexual Harassment, because there is no clear definition of the conceptof sexual harassment in our legal documents, so we use the method of comparative analysiscited the legal definition of the different regions at home and abroad come to our own point ofview. The second part, studies the constitute of tort liability of Workplace Sexual Harassmentand the differences with other tort essential, basing on the four constituent elements of the tortliability. The third part is to perfect the legislation of tort liability of Workplace SexualHarassment, because most of the files about Workplace Sexual Harassment in China are amatter of principle summarized, and there is no clear explanation about the department whereshould the infringed party go to complain after suffering from sexual harassment, and theprocedure of the litigation procedures in the proceeding. we proposed to improve the punitivedamages system and the burden proof, combine with the prevention system, improve thepractical ability of the law on the protection of workers in the workplace.