Research Of Sexual Harassment In The Workplace On Legal Regulation

Nowadays, legislation in modern countries concerns more and more about how topreserve the rights of survival and development of social members. For the global problemof sexual harassment in the workplace, many countries have introduced laws and regulationsto deal with them. Case studies and survey data show that the number of sexual harassmentin the workplace victims is growing and such increasing hazard has aroused widespreadconcern.In judicial practice, however, because of the lack of legislation and the inconclusivedefinition of sexual harassment, the judges have no uniform and applicable standards of lawand this eventually induces the victims of sexual harassment cannot receive proper legalassistance. Therefore, the protection of human rights in China is questioned by theinternational community. Regarding this, fighting against sexual harassment has special erasignificance. With regard to the so-called “exotic”, we should actively learn from theinternational advanced legislative experience, accelerate the legislative process combiningwith the specific conditions of the actuality of China, improve the socialist legal system inChina, and finally provide a more harmonious working and living environment. This articlestarts with the clarification of basic concepts of sexual harassment in the workplace, and thengives several suggestions about how to forbid sexual harassment in the workplace in order toprovide some useful advice on the construction of a reasonable and effective relief system.This article consists of four parts besides the introduction:Part one is the issue introduction. It brings forth the legal issue of dealing with sexualharassment in the workplace case at present by describing relative cases. They mainly are“What is sexual harassment in the workplace?””What is the remaining problem in legislationof sexual harassment in the workplace?””Who should take responsibility for sexualharassment in the workplace?”Part two is about the definition of sexual harassment in the workplace. Proceedingfrom the general concept of sexual harassment in the workplace, this part mainly analyses theconcept, legal features and classification of sexual harassment in the workplace and tries to determine the nature and classification more practically for China by comparing mainstreamviews at home and aboard.Part three is the doctrine of liability fixation of the employer in sexual harassment in theworkplace. This part lays a foundation for the stipulation of sexual harassment in theworkplace by discussing the necessity of liability of the employer and analyzing the doctrineof liability fixation of the employer under such circumstance.The fourth and last part conceives a liability system of the prevention of sexualharassment in the workplace. Comparing the legislation status of the US and Australia, thispart indicates that in China, there are defects in the legislation of liability fixation of theemployer in sexual harassment in the workplace and finally offer a proposal about systemconstruction.