Analysis Of Legal Issues Concerning Sexual Harassment Infringemen

Sexual harassment violates human rights and dignity and impedes gender equality and harmony.In order to curb this phenomenon,the following two paragraphs above Article 1010 of China’s Civil Code stipulate the victim’s direct request right to sexual harassment and the unit’s obligation to prevent sexual harassment,but this provision is too summary and simple,unable to form effective guidance on judicial practice.Sexual harassment is against the will of the victim to violate his autonomy of human nature,sexual harassment does not need to consider the "seriousness" of the consequences.The unit has the obligation to take active measures to prevent and stop sexual harassment,and if it fails to perform its obligations,it shall bear its respective responsibilities with the direct perpetrator for its respective faults.Mental damages and punitive damages can be applied to both the direct infringer and the scope of sexual harassment.Clarifying the obligation of actors and units against sexual harassment is a necessary measure to promote units to maintain social equity and fulfill social responsibilities,so as to protect the personality and dignity of victims.