The Study On The Legal Regulation Of Sexual Harassment In The Workplace

Legal regulation of sexual harassment in the workplace is very imperfect in China .It is especially important to learn from the experience of foreign legislation to establish and improve a sexual harassment prevention system which is consistent with china's national conditions.This paper attempts to make a relatively detailed analysis on the issue of workplace sexual harassment.The thesis consists of five parts.The first part broadly describes the universality and social harm of sexual harassment, and introduces Chinese scholars'study on this issue.The second part describes basic legal issues of sexual harassment in the workplace. Firstly, the author defines two legal concepts: sexual harassment and workplace sexual harassment, and then summarizes the types of sexual harassment in the workplace, analyzes its legal elements at last.The third part introduces the experience and shortcomings of the United States, European Union, Japan and Taiwan. It highlights the legislative history of the United States and the employer liability system. These provide reference to the improvement of our legislation.The fourth part introduces the legal status of workplace sexual harassment through citing cases and data, and the defects of legal regulation.The fifth part contains how to improve our country's sexual harassment legal system. First of all, we should establish and improve related legislation, secondly, we must improve prevention and relief system, the third is to use the workplace sexual harassment employer liability system, and the last is to improve the cases receiving system and the proof system of workplace sexual harassment.All in all, this thesis aims at finding out a feasible legal system of sexual harassment in the workplace and protecting the legal rights of employee.