Analysis On Legal Regulation Of Sexual Harassment In The Workplace

Since the history of our human being developed, the sexual relationship has already become the most uncertain one at the complex social relationships among people. In modern society, the issue on sexual harassment is combined with the issues on politics, economics, moral ethics, traditional culture, iatrology and other social issues. Under this circumstance, the sexual harassment problem has been not only grand social and ethnical problem but also very intractable problem in the political and juristic field. Towards this issue, the explanation and the search for the explanation to this issue in the academic scope is quite necessary but limitedness as well. Up till now, it is obvious to all that the human being has made effort to solve this problem. The scholars in the world have employed different information to make deep research on this issue through demotics, psychics etc. and the research fields including the issue of employer liability for supervisor and coworker harassment, employer liability for harassment by non-employee, the proper perspective for determining whether a working environment is hostile, same-sex sexual harassment, and use of arbitration to resolve sexual harassment complaints. Other scholars have also addressed employer anti-harassment policies, the use of expert witnesses in hostile environment sexual harassment cases, and whether a single, sexual harassment event can create a hostile environment. Compared with the research in other countries the domestic research is obvious be on the developing phase. Since 1990, the research angle could be divided into three parts: the angle from medicine field, the angle from law, the angle from demotic. Surely, all the achievements have been made has become the solid base for the further research towards this issue in China. But overall, compared with the research in other countries, researching in China hasn't been enough yet. And the literature in this field is limited, what's more the main point of each one is very similar, they are just description of fact of the case, But seldom analyze form the angle of jurisprudence. So, this paper tries to analyze and explore sexual harassment and its legal regulation based on jurisprudence, and holds that as follows:Firstly, through the review about essence and concept on sexual harassment, the author tries to make the analysis on the argument on the essence representation and the course, and holds that the concept of sexual harassment in the workplace is a developing concept. To resolve the problem of sexual harassment in the workplace, the key is not...