The Civil Law Controlling Study Of The Sexual Harassment Problem

U.S.A. is the birthplace of anti-sexual harassment, and Chinese are familiar with this noun of sexual harassment and can be said and begin with sexual harassment case of Clinton, former president of U.S.A., become media fall over each other focus of report by Xi'an lady Tong sexual harassment case that mention for the first time in 2001, and has become one of the hot spots of society that common people have paid close attention to most for 3 years in succession, thus really drawn back Chinese's prelude against sexual harassment legally too, an ethical question that sexual harassment is not again and but a legal question. Then, what is the sexual harassment? How did the domestic and international law stipulate? Are there those forms and types in sexual harassment? What kind of behavior forms sexual harassment? How is the current situation of sexual harassment? What right is sexual harassment infringed? How does the sexual harassment case collect evidence to put to the proof? How does the law face sexual harassment? This text plans to proceed from relevant theories of the civil law, the above-mentioned problems of analysis and attempting to find and protect the breakthrough point which harass the victim sexually, thus control sexual harassment effectively, will legislate to lay the good theoretical foundation in the future for our country. The full text divides into four parts, namely " the basic law problem of sexual harassment is studied ", " the comparative analysis of sexual harassment of issue ", " structure our country civil law control system of sexual harassment ", " our country structure legislative mode selection and relevant institutional improvement of sexual harassment ", can divide and state it as follows: First part Show first of all sexual harassment is not come to adjust from the law at first, begin from U.S.A. of the seventies of the 20th century abroad, Australia, Canada, Japan and some Western European countries began relevant legal research in the eighties of the 20th century or the 1990s, legal meaning making sexual harassment formal; Have launched the legislative activity to sexual harassment earlier in Hong Kong and Taiwan of our country, but until the beginning of 21st century, become one of the hot issues that the law circles of mainland district of our country discuss in sexual harassment issue. Secondly, have analyzed the concept of sexual harassment and legal characteristic with the dialectical view, think sexual harassment is one kind with the unwelcome such ways as the language, information, behavior, environment, etc. that related to sex on purpose within the specific limits, infringe the civil tort of specific target's right of chastity. Have legal characteristic different from other torts from such respects as the content, essence, forming important document, behavior, etc.; Moreover, see the civil tort that is a kind of infringement the right of chastity from legal nature in sexual harassment, but not other illegal activities are not the behavior of encroaching on other rights. Finally, emphasized that legally the legal function and meaning of sexual harassment of the structure. Second part Compare domestic and international sexual harassment current situation to observe at first, find out the common points of both sides; Secondly has compared from the legal system of sexual harassment of the domestic and international structure, think our country legal system, administrative legal system, the civil legal system, the evidence system and the compensation system,etc. store in enough in punishment, should base on the national conditions, use for reference and study useful experience. The third part have imagined to structuring the content of controlling the system of civil law of sexual harassment of our country, form of expression and classification from sexual harassment separately, civil liability for tort of sexual harassment form, evidence, civil liability, sexual harassment realization procedure odd that civil law control of sexual harassment, sexual harassment of case carry on the discussion. The fourth part have probed into the construction of the realization mode of controlling the system of civil law of sexual harassment and relevant related systems, have analyzed and criticized two major camps of main views of agreeing to legislate and object to legislating in theory, think our country should mainly look for the breach from judicial explanation at present, it is normal and perfect to carry on, has put forward the concrete content explained in judicial explanation, in order to legislate to lay a good foundation further; On practising the aspect in the law, have proposed the victim,judge,concrete actions that carry on wanted in the face of the sexual harassment question of social different fields, enable most people to find the calm method to reply sexual harassment from it. This thesis regards Marxism thought as guidelines, pass the serious study theoretical to law science, use and compare, sum up, reasoning method and use law sociology, legal economics, comparative jurisprudence, legal explanation is studied, evidence law science, trader of law science (infringe law science), etc. the relevant theory knowledge and combine administration of justice practise concept in sexual harassment carry on serious careful definition, deep analysis to the infringement of sexual harassment, and our country need legal focus and difficult point answered to go on carry on the deep discussion very much to sexual harassment issue at present correctly, regard this as the opportunity, proceed from practice, has proposed more detailed suggestion. Expect to practice to the administration of justice, victim's rights and interests will protected and legislate to make due contribution afterwards, expect to be able to accomplish vividly, trully. This is a writing purpose of this text, and one of the characteristics of this text too.