Research On Legal Regulation Of Workplace Sexual Harassment In China

Sexual harassment in the workplace confuses many workers in the workplace and becomes a global problem.This is an unhealthy phenomenon that violates the dignity and human rights protected by law,hinders equality and harmony between men and women,is a common dilemma in the workplace all over the world,and is like a bad chronic disease that harms modern society.Up to now,most countries have adopted special laws or some laws related to the prevention and control of sexual harassment in the workplace to restrict this behavior.Laws and regulations related to sexual harassment in the workplace in the United States,the European Union and Japan have been relatively complete and systematic.Compared with the United States and other countries,the research on sexual harassment in the workplace can be said to be a blank sheet of paper in China.The current effective laws and regulations are more principled,and the legal regulation system on sexual harassment in the workplace has just begun to be planned and established.There are legislative gaps and defects in many aspects,including the definition of sexual harassment in the workplace,the complaints of victims,the means of relief,the legal consequences of employers and the burden of proof.Although the newly promulgated Civil Code of the People’s Republic of China(hereinafter referred to as "Civil Code")stipulates the prevention and management of sexual harassment in the workplace,the legal definition of sexual harassment in the workplace is not clear,and its operability at the legal level is relatively poor,which leads to the fact that its normative role cannot be effectively brought into full play,and the legitimate rights and interests of sexual harassment victims in the workplace often face difficulties in protecting.Therefore,it is very important to learn,understand,introduce and draw lessons from the mature and rich experience of other countries and regions on the legal regulation of sexual harassment in the workplace,and formulate a series of prevention and management systems of sexual harassment in the workplace with Chinese characteristics.In view of the legislative achievements of foreign countries and the current legislative situation of sexual harassment in the workplace in China,it is necessary to take sexual harassment in the workplace as the goal,highlight the normative ability of relevant laws in the existing legal framework of China,and establish a multi-level,three-dimensional and coordinated prevention and control system of sexual harassment in the workplace.This paper uses a series of methods,such as literature analysis,comparative analysis and case analysis,summarizes the research on the legal regulation of sexual harassment in the workplace at home and abroad,promptly follows up the forefront of academic research on sexual harassment in the workplace,and studies the legal regulation of sexual harassment in overseas workplaces.At the same time,it refers to typical judicial cases in China and examines the legal regulation system of sexual harassment in the workplace in China in practice.First of all,by defining the related concepts of workplace sexual harassment,it divides workplace sexual harassment into exchange sexual harassment and hostile environmental sexual harassment,and then analyzes the theoretical basis of workplace sexual harassment identification from the aspects of infringement,subjective fault and causality.Secondly,combing and enumerating our country’s Constitution,Criminal Law and other legislative laws and regulations,through studying the real and typical cases of judicial practice,we found that there are some problems existing in the current legal regulation of workplace sexual harassment,such as unclear definition of workplace sexual harassment,unreasonable distribution of burden of proof,and unsmooth relief channels.Finally,by learning from foreign countries such as the United States,Japan,Germany,etc.,we strengthen the study and comparative analysis in the advanced experience of legal regulation of sexual harassment in the workplace,such as definition of sexual harassment in the workplace,distribution of burden of proof,relief and prevention procedures,and further put forward a series of measures such as strict employer responsibility system,clear definition of legal definition of sexual harassment in the workplace,reasonable distribution of burden of proof,etc.,and put forward some suggestions on legal regulation of sexual harassment in the workplace in China,which can only be used as a reference for the perfection of legal regulation of sexual harassment in the workplace in China.