Research On The Legal Issues Of Anti-Sexual Harassment Based On The Theory Of Social Gender

Sexual harassment is one of the long-standing and widespread social problems around the world.Catharine A.MacKinnon,an American feminist,first proposed the term“sexual harassment” in a gender discrimination case.Since then,anti-sexual harassment and the promotion of substantive equality between men and women have became one of the main topics of feminism jurisprudence.The United States has also taken the lead in legislation to provide legal protection for victims of sexual harassment.However,corresponding to the various sexual harassment phenomena,the traditional gender theory still has great academic controversy on the nature and scope of sexual harassment,anti-sexual harassment also faces the choice between anti-discrimination law and anti-infringement law in the process of legislation,as well as the difficulty of proofing in the trial of the sexual harassment cases.They have gradually become the problems that must be solved in the practice of anti-sexual harassment in China.Using the social gender theory derived from the second wave of feminist jurisprudence as one of the important analytical methods to clarify these problems will help to provide new ideas and specific solutions.In order to understand the nature of sexual harassment comprehensively and precisely,improve the relevant legislation on prohibiting sexual harassment in China,this paper will discuss the legal issues of sexual harassment from three parts.Firstly,according to the historical and theoretical background of sexual harassment,this paper will give a introduction of the process of research on sexual harassment around the world which promoted by the ideological trend and the movement of feminism.Secondly,it will review the phenomenon of sexual harassment from the perspective of social gender,and explore the issues related to sexual harassment based on the social gender theory.Finally,through the comparison of the legislative process of anti-sexual harassment and judicial practice between China and the United States,based on the actual needs of social development,and drawing on relevant experience and principles,this paper puts forward several suggestions to provide useful guidance for anti-sexual harassment legislation in China and ultimately achieving gender equality,including the introduction of employer responsibilities,expansion of the coverage of victims and strict criminal measures related to criminal act of sexual harassment.