A Study On The Legislation And Regulation Of Sexual Harassment In China

The problems posed by sexual harassment in our country cannot be underestimated.The prevention and control of sexual harassment is not only a major social problem,but also a legal problem that plagues us.Along with rapid socio-economic development,the existence of sexual harassment has become a reality that cannot be ignored.In recent years,sexual harassment has been a frequent occurrence,both on campus and in the workplace.Although sexual harassment-related litigation has begun to increase in China,in practice,few victims of sexual harassment have access to effective remedies through judicial channels.In view of the increasingly serious harm caused by sexual harassment and the fact that the legal regulation of sexual harassment in China is still in its infancy,and against the background of a comprehensive rule of law,I analyse the existing theories and doctrines of sexual harassment,combine them with the problems existing in practice at present,and summarise and analyse the views of various parties according to the existing research results,with a view to promoting effective answers to the problems of sexual harassment existing in our society and providing a basis for This paper provides valuable suggestions for China’s special legislation on sexual harassment.Firstly,this paper defines the concept and basic types of sexual harassment and the related conceptual distinctions,and explains the necessity and feasibility of legislating sexual harassment through a jurisprudential and sociological perspective.Secondly,by analysing the current situation of legislation regulating sexual harassment in China and the problems existing in judicial practice due to insufficient legislation,the current situation of sexual harassment in China is summarised,while the shortcomings in China’s legislation are further pointed out in view of the harmful consequences caused by sexual harassment: the concept of sexual harassment is not clearly defined in China’s current legislation,the subject of responsibility is unclear,there is a lack of reasonable The concept of sexual harassment is not clearly defined,the subject of responsibility is not clear,and there is a lack of reasonable evidence system,a single channel for the protection of rights,and an imperfect mechanism for non-litigation settlement.Finally,it is recommended that sexual harassment should be regulated by a model based on private protectionism and complemented by workplace protectionism.In terms of the legislative approach,we should promote special legislation on sexual harassment at the national level and establish the Sexual Harassment Prevention and Control Act.Chapter I provides for general provisions,while Chapter II provides for the prevention and control of sexual harassment in the workplace.Chapter III provides for the prevention and control of sexual harassment on campus.Chapter 4,Legal Liability,defines employer liability,compensation mechanisms and remedies.On the basis of this,we propose a number of legislative proposals to address the current legislative shortcomings.i.Define a unified,comprehensive and lenient concept of sexual harassment.Second,adjust the system of evidence of sexual harassment and lower the standard of proof;third,prevention and control of sexual harassment in the workplace;fourth,prevention and control of sexual harassment on campus;fifth,establish a damage compensation mechanism based on moral damages and the establishment of punitive damages;sixth,improve the public welfare nature of sexual harassment prevention and assistance mechanism.