Administrative Regulations Of Sexual Harassment

Sexual harassment is a social problem that infringe upon the equal rights of women.It appears a long time in international and is not first showing in China.Current studies of sexual harassment are mainly confined to the workplace and focus on infringement of inter-individual. However, the regulation based on the core interests upon the rights of women is insufficient. Therefore, author advocates the core interests of gender discrimination and proposes an administrative enforcement to regulate sexual harassment. The administrative enforcement can make up the loophole of female’s interests protection. In order to properly solve the problem of sexual harassment, people must pay attention to following parts. On the one hand, recognizing the nature of behavior, on the other hand, improving legal norms and management mechanisms.This paper is divided into five parts, the main content as following.The first part introduces the concept and nature of sexual harassment. Study of legal norms with perspective of individual infringement and gender discrimination, and it makes clear that sexual harassment is the gender discrimination. Sexual harassment is an aggressive encroachment with sex and sexual content meaning, which arises in workplace depend on gender differences.The second part talks about existing legislation and judicial dilemma in practice. Not only exists law regulating violation of human dignity, public order offenses, but also local regulations focusing on sexual rights of the female. But there are some bugs and defects, such as the lack of specific laws, the emphasis which adjusts individual infringement, lacking of operating ability, a small proportion of judicial intervention, the lack of judicial referees and ineffectiveness.The third part focuses on the analysis of necessity and feasibility of administrative regulations. The advantage of supplementary and concreteness makes administrative regulations necessary. International human rights law, International labor Code, Constitutional and Administrative regulations are the roots of the administrative regulations. Theory of Constitutional and Administrative Law is the theoretical foundation, which intervenes gender discrimination in the labor market via executive means.The fourth part researches extraterritorial regulation system of sexual harassment.The US and Taiwan make a definition of sexual harassment of the gender discrimination. The establishment of the EEOC and the Labor Committee of Taiwan“ Cabinet”,set up the administrative appeals, litigation and other sexual harassment relief programs.The last part proposes the construction and mainly elaborates system of administrative regulations. Modifying Law of the People,s Republic of China on the protection of Rights and Interests of women and adding terms to Female workers special labor protection measures, with Promoting gender ordinance of Shenzhen. Setting up Commission for Gender is responsible for dealing with sexual harassment. Establishing an administrative complaint, administrative litigation for relief mechanism.