Thoughts On Protection Against Sexual Harassment In The Workplace

With the 2001 xi ’an first workplace sexual harassment case, more and more people begin to pay close attention to the question of workplace sexual harassment.In fact the problem there is already a long time and is quite serious in our country, but our country law about sexual harassment in the workplace is very perfect, scholars study also relatively small.In other countries and regions of advanced legislation about sexual harassment in the workplace, how to combine overseas experience in legislation,establish and perfect a set of workplace sexual harassment prevention and control system suitable to China’s national conditions appear particularly important.This paper relatively detailed analysis was carried out on the workplace sexual harassment.The author through an introduction to the relevant legislation of other countries and regions, the current situation of legislation of our country put forward the anticipation that the legal regulating sexual harassment in the workplace, and on this basis, further discusses the specific path of workplace sexual harassment law regulation in China.Besides preface and epilogue, this article is divided into four parts.The first part, the problem of sexual harassment in the workplace analysis, introduces the general problem of workplace sexual harassment, mainly from the definition,characteristics, sexual harassment in the workplace and the current situation of our country and so on detailed introduction to the basic issues of workplace sexual harassment to the prevention and treatment of sexual harassment in the workplace is necessary.The second part, the workplace sexual harassment legislation present situation and existing problems, based on the current regulation in the workplace sexual harassment legal basis of the analysis, points out its disadvantages.Mainly manifested in the following aspects: 1. And there is no clear definition of sexual harassment in the workplace.2, the provisions of the law is too principle.3, lack of law weeks ductility.4,too single gender.5, there was no evidence of system rules.The third part, outside of the workplace sexual harassment legislation and the enlightenment to our country, respectively the workplace sexual harassment legal regulation of foreign and other places, especially to review of the relevant regulations of the employer liability, the comparative analysis in the United States, Japan, Chinese Taiwan and Chinese Hong Kong four more representative countries or areas of regulation in the workplace sexual harassment legislation experience.Through the legislative investigation come to the conclusion that the pros and cons and available for our reference.The fourth part, the countermeasures for the prevention and treatment of sexual harassment in the workplace, this paper discusses mainly the workplace sexual harassment legal regulation to perfect legislation in China, that is the focus of this article.1, the clear definition of sexual harassment in the workplace;2, the introduction of the unit to prevent sexual harassment related responsibility system;3, establish reasonable rules of evidence;4 establish a sexual harassment lawsuit mechanism.