The Research Of Anti-sexual Harrassment Legislation

This thesis uses comparative method,takes the expriences of anti-sexual harassment in other countries as reference,studies the exiting anti-sexual harassment laws and regulations in China,examines the judicial actuality and discusses the following issues in order: the concept definition of sexual harassment,general situation of anti-sexual harassment in other countries and districts,the current situation and shortcomings of anti-sexual harassment legislation and judicature in mainland region?And then the thesis uses all above as foundation to offer several proposal on anti-sexual harrassment legislation: 1.China should adopt the anti-sexual harassment legislation pattern based on dignity and enact specialized anti-sexual harassment law;2.Anti-sexual harassment legislation should attach importance to the effect of the Constitution;3.Confirm the uniform,comprehensive definition of anti-sexual harassment combining the punishment with leniency.The writer analyze whether two kinds of non-body-contact behavior are sexual harassment or not.And meanwhile the writer advocates the reasonable person standard should be adopted when judging one behavior is sexual harassment or not;4.Employer-responsibility and employer precaution mechanism should be established by legislation.And Doctrine of employer liability fixation and exemption should be confirmed;5.Pay attention to moral damage compensation and punitive compensation system should be established;6.Specialized agencies should be established to deal with the appeals of sexual harassment.