A Study On The Legislation Of Sexual Harassment

The issue of sexual harassment has been increasingly concerned with the improvement of the consciousness of human rights in the mainland of China in recent years.People find the issue of sexual harassment couldn't be seen as a kind of moral phenomenon and is a kind of behavior about sex discrimination and infringement.People start to hope that the law can make a difference.The measures of "sexual harassment" is still in the legislative level of the declaration and it's extremely detrimental to the protection of the victims of sexual harassment.The prevention and treatment of sexual harassment in Taiwan area has been opened earlier due to historical development and external factors so it accumulated a lot of legislative and practical experience in Taiwan area.This paper discusses the necessity and feasibility of special legislation for the prevention and treatment of sexual harassment by the method of theoretical and empirical analysis at first.Then this paper uses the comparative analysis method and draws lessons from the legislative experience of Taiwan at second.At last this paper puts forward the corresponding recommendations to build relevant legislation in the future for the mainland.This paper is divided into five parts.First,it accounts the background and significance of this topic,the research status at home and abroad,as well as the research ideas and research methods,the main innovation points and deficiencies.In the second part,this paper expounds the characteristics of sexual harassment as a legal concept which has not yet formed a unified standard in the whole world after tracing the origin of the concept of sexual harassment.Meanwhile,it analyzes the common types according to the difference on types of sexual harassment and place of occurrence.In the third chapter,this paper sorts out the legislative process,legislative ideas and current situation of sexual harassment's prevention and control in Taiwan through the comparative analysis of research methods.And it summed up the design and practice experience of sexual harassment prevention law in Taiwan area to provide reference to a certain extent on construction of relevant legislation for mainland China in the future.The fourth part discusses the necessity and feasibility of the prevention and control of sexual harassment in mainland China.It considers that the existing legislative deficiencies summed up from the current situation of the relevant legislation can reflect the necessity to develop sexual harassment prevention law in the mainland.And it is required by law because sexual harassment has a wide range of hazards.On the feasibility study,this paper considers that the theoretical basis of the prevention and treatment of sexual harassment legislation,the support of social forces and the trend of the world's legislation show that it is feasible to make the mainland to make the prevention and control of sexual harassment.In last part,on the basis of the first three parts of the study,this paper draws lessons from the experience of the advanced legislation in Taiwan and offers a proposal to develop a special Sexual Harassment Prevention Act in order to solve the problem of the unclarity in definition,the unknown of main responsibility,the lack of relief procedures and the corresponding penalties and other issues in the current sexual harassment legislation.