| With the development of China’s economy and society,interpersonal relationships in the workplace have become more and more close and complex.At the same time,some negative phenomena and problems have become more and more serious.Among them,sexual harassment in the workplace directly or indirectly affects the physical and mental health of workers.The prevention and control legislation of sexual harassment in the workplace has been relatively mature and complete in western countries.Relatively speaking,the prevention and control legislation for sexual harassment in the workplace in China started relatively late,and there are still many deficiencies.The legal definition of sexual harassment in the workplace,how to restrict sexual harassment in the workplace through special laws,and how to improve the operability of sexual harassment prevention and control legislation in the workplace are all basic legal issues that need to be further studied by the academic community.These basic legal issues are precisely the key to the prevention and control of sexual harassment in the workplace.It is necessary to start with the legislative status quo of prevention and treatment of workplace sexual harassment in order to build a sound legal system of prevention and treatment of workplace sexual harassment.Through sorting out the current legislative provisions on workplace sexual harassment in China and the legal application problems reflected in the handling of relevant judicial cases,it is necessary to analyze and obtain the current legislative status quo of prevention and treatment of workplace sexual harassment in China from two aspects of law and local regulations.On this basis,combined with the beneficial experience of other countries and the legislative provisions for prevention and treatment of sexual harassment in the workplace in Hong Kong and Taiwan regions of China.We draw on each other’s strengths and make up for each other’s weaknesses,and propose targeted legislative measures to improve the prevention and treatment of sexual harassment in the workplace in China.First,it is crucial to further clarify the legal definition of sexual harassment in the workplace.Secondly,refine the provisions of existing laws and regulations,improve the operability,and avoid being put on the shelf in judicial practice because of being too principled and abstract.In particular,it is necessary to establish a reasonable evidence system.Finally,while establishing a strict employer liability system for sexual harassment in the workplace,we should strengthen efforts to improve the legal remedies for victims. |
