Establishment Chinese Anti-Sexual Harassment Legal System Towards Post-Modern Law

The article discuss around the establishment Chinese anti-sexual harassment legal system and post-modern law which can be divided into four parts as follows: (1) why should be post-modern? (2) The post–modern time. (3) The legal practice of anti-sexual harassment in foreign countries. (4) The building of Chinese anti-sexual harassment legal system.The preface show the social harm of sexual harassment, and point out under rational right-thinking, it is easy for people to see sexual harassment as tort while ignoring historical culture and microcosmic power operation back of it. Under this thinking people easy to addict moral feeling and can not find the crux of the problem.The first part appraise modern legal theory and show its dilemma when face to sexual harassment. Power, right, justice is three main representatives problem in modern legal theory, author analyze its defect and make the appearance of post-modern law follow a logical train of thought.The second part expound the view of post-modern law about power, right, justice, based on it, author advance power is diffusion, right should be a"type", justice must be"microcosmic".The third part introduces legal practice of anti-sexual harassment from foreign countries, especially the United States, including definition, classification, and legal application and so on, Chinese anti-sexual harassment legislation can be better with reference to the foreign rules.The forth part aimed at Chinese social fact, start from analysis of"history- language", based on the usage the experience of other countries for reference; put forward a proposal of Chinese anti-sexual harassment legislation. First of all, based on the analysis of attitude to"sex"in Chinese history, show the fact that power (capital) and utterance (benefit) remodel women's body, use sexual passion to get profit. Second of all, author pose difficult problem of anti-sexual harassment in legal, include subject, standard, burden of proof, social effect of anti-sexual harassment legislation and so on, and anticipate finding a practicable way of building Chinese anti-sexual harassment legislation. Last, author raise using right of"type"restrict power of diffusion to achieving justice of"microcosmic", founded on the legal resource now available, from the respect of personal right theory, make the essence of sexual harassment clear, devise anti-sexual harassment legal system in specific.Finally, author introduce humanitarianism thoughts and feelings of post-modernism, point out the danger of legislation in hurry while idea dislocation, on the sexual harassment question, we must embody accept of women as subject truly. Meanwhile, author anticipates post-modern law can offer beneficial resource to society of rule of law.