On Legal Regulation Of Sexual Harassment In The Workplace

Article 1010 of the Civil Code responds to the legal regulation of sexual harassment in the workplace,which conforms to the trend of the times.Article 1010,combined with the system of personal right claim stipulated in Article 995 and the system of prohibition of personal right added in Article 997,contributes to the protection and relief of victims.On the one hand,article 1010,paragraph 1,for the first time defines the concept,constitutive requirements and civil liability of sexual harassment from the height of civil basic law,and abstracts the common rules of sexual harassment regulation in the workplace.Paragraph 2stipulates that employers have the obligation to prevent and stop sexual harassment in the workplace,realizes the linkage of the civil law,the labor law and other departmental laws,and lays the legal regulation foundation for sexual harassment in the workplace of the labor law and other departmental laws.The role of employers in legal regulation and dispute resolution has changed from being passive to being proactive;on the other hand,the personal right claim system provided in Article 995 is helpful in preventing sexual harassment in the workplace,and Article 997 Adding the personal right injunction system is beneficial in giving play to the function of the personal right claim and preventing and stopping sexual harassment in the workplace.However,the Civil Code has not yet addressed the following issues: first,the concept,legal nature and constitutive requirements of sexual harassment in the workplace are unclear;second,sexual autonomy is not included in the system of personality rights,and the rights and interests infringed by sexual harassment cannot be accurately defined;third,the specific obligations and legal responsibilities of employers to prevent and stop sexual harassment in the workplace are unclear;fourth,the specific application of the system of personality rights prohibition,including the nature,scope and specific procedures of personality rights prohibition.In addition,there are many problems such as the imperfection of dispute resolution mechanism.Therefore,this paper insists on the problem-oriented principle,analyzes and resolves the above-mentioned problems one by one,and holds that under the background of the implementation of the Civil Code,the key to solving the problem is to accuratelrecognize that the fact of sexual harassment in the workplace contains the acts of the actor and the acts of the employer,and cannot be confused.sexual harassment in the workplace is a tortious act committed by the actor in the workplace,and the acts of the employer are mainly acts in violation of the obligations of prevention and suppression.The law shall stipulate that the actor and the employer shall bear direct liability for their acts,and respectively regulate the two acts.Therefore,it is necessary to perfect the pluralistic legal regulation system: to perfect the private legal regulation system centering on the protection of personality right,to perfect the labor law such as Labor Law and Labor Contract Law,to strengthen the regulation of employers’ behavior,and to perfect other legal regulations as a supplement.This paper is divided into the following parts:The first part is an overview of sexual harassment in the workplace.The concept,characteristics,classification and legal structure of sexual harassment and workplace sexual harassment are clarified in theory and practice.The third part focuses on the contribution of the Civil Code to the legal regulation of sexual harassment in the workplace,and puts forward some unresolved issues.The fourth part is about the legal regulation of sexual harassment in the workplace under the background of the Civil Code.In order to perfect the legal regulation of sexual harassment in the workplace,this paper puts forward some feasible suggestions on legislation,judicature and dispute settlement.