Sexual Harassment Problems Research On The View Of Feminist Jurisprudence

The problem of sexual harassment is a worldwide social problem, it is notsomething new in our people’s eyes. With the development of modern society and theawareness of people maintaining their rights, sexual harassment is gradually cominginto view and causing great attention. However, people are slowly aware of theseriousness of the sexual harassment, because sexual harassment cases often happenand it can also create great sensations, which end up in vain. The helplessness of thevictim and the fluke of the harasser always around the sexual harassment, which makeit become the media circus and the legislative difficulties.The theoretical research on sexual harassment originated in the United States hastwo or three decades of history, its generation and development with the feministmovement were inseparable, it could be said that sexual harassment was a product ofthe feminist movement and feminist jurisprudence. Radical feminist jurists thoughtthat sexual harassment was sexism discrimination against women, which was not onlyviolating the moral, but suability. They wanted to end the discrimination andharassment against women in the work environment as soon as possible through thelegislation and jurisprudence on the meaning of sexual harassment carried out manytimes to modify and supplement. However, the studies were all around the Civil andCommercial Law field basically until now, most of the discussion and controversywere all about sexual harassment of working place, fundamentally speaking; it wasdue to differences in understanding of the concept of sexual harassment. So it isimportant for us to figure out what it is really, what legal issues appear by it and howlegal means we can use to solve it.In this paper, I defined the concept of feminist jurisprudence of sexualharassment and analyzed the legal value of sexual harassment and tried to put forwardsome legislative proposals on China’s anti-sexual harassment from the perspective offeminist jurisprudence. The specific writing thoughts are as follows: the first partcombed the concept of feminist jurisprudence of sexual harassment by three aspects;the second part detailed exposition of the legal value of sexual harassment problems,which mainly from the sex, gender and law, the traditional public/private spheredichotomy, especially from the feminist jurisprudence on gender perspective toanalyze the nature of sexual harassment; the third part shifted our attention back from theory to make recommendations on anti-sexual harassment legislation, listed somecases of sexual harassment and pointed out that the plight of China’s anti-sexualharassment legislation on the stage, after learned some feminist jurisprudencelegislative practice, I made some legislative theory and practice recommendations onChina’s anti-sexual harassment. Regulating the sexual harassment problems by thelegislation is the realistic selection on more and more cases appeared. To define theconcept of sexual harassment and put forward the concept suited to China’s nationalconditions, not only solving the legislative problems but also providing moretheoretical support for the judicial practice.