Analysis On Sexual Harassment In Tort Law

The article studies the sexual harassment from the point of view of tort law. It has a long history before sexual harassment is studied. And it becomes an actual problem on which of how to define and regulate.This article consists of four parts.The first part discusses the basic problems concerning sexual harassment as a tortuous act of the civil law. It outlines the history of legal discrimination of sexual harassment, analyses its legal character, concludes its basal types. Sexual harassment is an behavior which assault others'personality and diglity, which the author considers more meet to the need of human being's development and social progress. To be different from traditional viewpoint on sexual harassment whose scope is limited to working environment, the author views that common and working environment are usual types of sexual harassment. Accordingly, there are two types civil liability to corresponding them. One is common tort liability, the other is work environment tort liability.The second part is the centre of the whole article and tries to illustrate the nature of sexual harassment in tort law. It elucidates the intersection of several elements integral to sexual harassment. First, the nature of the object infringed by sexual harassment is the reasonable interest protected under the virtuous custom, because one of tort law's developing trend is from protecting rights to legal interest. Second, the liability of sexual harassment includes common tort liability and work environment tort liability. The front's composing factors are corresponding to common tort behavior's factors. In- side those, the latter's composing factors should consist of two parts, one is repeat and durative, the other is the behavior relate to peacebreaker's duty.The third part argues the liability for tort. This part involves two problems. Firstly, for an sexual harassment, how to cognize its tort liability is an academic problem. The author views that it depends on different instances. Secondly, whether establish the system of penalty and compensation is a practical problem. To pulish severe tort behavior, the author consists that there is a need to found a system of penalty and compensation.The fourth part is about the analysis of present legal system and how to perfect the construction of the system concerning the prevention and the punishment of sexual harassment in our country. It involves three parts. First of all, there are three primary problems in our actual legal system. In the next place, we should gradually establish and perfect our social and legal system.As a conclusion, based on what has been discussed above, the author regards the legal system as the core of the whole system and other social system as the supporting role of it. Finally, this part contends that, in order to prevent and punish sexual harassment efficiently, and provide relief to the victim, improving the civic virtues is also important.