A Study On The Legal Definition Of Sexual Harassment

Sexual harassment is a complex multi-issue, its definition has no fixed conclusion, that itself is the hard nut to crack in theoretical circles. First of all, the author considers that the definition is the inevitable premise of anti-sexual harassment rules and regulations, for the legal definition of sexual harassment must be scientific and clear. Secondly, owing to the complexity of the sexual harassment and the development of the law concept change, hence the legal definition of sexual harassment impossibly has a formula and precise conclusion. In this paper, based on our analysis and empirical status in our country, as defined under the guidance of the principle of sexual harassment in the actors, occasions, content, and the basic elements of the research to be defined, and thereafter a more in-depth study and analysis of the essence of the meaning of sexual harassment, the essence of sexual harassment has been grasped.Legal definition of sexual harassment on the premise, it is necessary to understand our problems and the status of sexual harassment, foreign definition of sexual harassment, and then reached its theoretical principles to be followed. Various survey data show that sexual harassment in China has become an increasingly widespread and serious social problem, however, the populace on the social awareness of sexual harassment is obviously inadequate, and that there is not a good public opinion environment and legal protection of the environment to support it. The flaw of the nature and the object in the theory and the rule of law, led to the plight of judicial relief radically. Through the model study of the mature legal definition of sexual harassment from Hong Kong and Taiwan and from abroad, we have a broader perspective on the concept of sexual harassment. The United States has the most perfect system of sexual harassment, its element of gender discrimination and abuse of power are tied to the very concept of sexual harassment, and this provides a reference to our understanding of the essence of sexual harassment. Sexual harassment is caused by a collection of integrated reasons, including natural, social, cultural as well as individual factors. For my definition of the principle of sexual harassment, sexual harassment in the principles of multiple complex under the guidance needed to follow our traditional etiquette and the natural ruler, and for the concept of development and changes in the philosophy of law.The basic elements of sexual harassment include the actors, occasions, content, subjective, the standards of the consequences, the repeatability and the object-specific. The expansion of the actors firstly means that women can become the main actors and also in the same-sex sexual harassment. Secondly, this expansion can be divided into male-to-female sexual harassment, female-to-male sexual harassment and the same-sex sexual harassment, also it includes sexual harassment against children. In addition, in the workplace, the third-party performed by non-employees constitutes a sexual harassment as the expansion of actors from the identity angle. Occasions of sexual harassment is difficult to define, whether sexual harassment on course to limit itself to "workplace" within the scope of controversy has always existed, and the author from the transverse, longitudinal perspective on the two angles to be an in-depth analysis of issues. Horizontal, the United States and other Western countries tied the "workplace", the gender discrimination, the power to the concept of sexual harassment, the author analyzed its basis of national conditions, and compared to Chinese specific conditions and characteristics of the environment, and got a conclusion that our sexual harassment should be defined with different occasions. In addition to this primary reason, through the comparison of Chinese and Western different understanding of the "powers" element, and the link analysis of two legislative models, supports that our definition of occasions should not limit to "workplace". Vertical, the main is the expansion to other occasions, and the broad interpretation of "workplace" itself. Public places, schools, hospitals, the military, families, Performing Arts, in areas such as network performance reflects the sexual harassment has exceeded the expansion of the traditional"workplace"trends, not only the broad interpretation of "workplace" itself, but also the expansion of other occasions.Content, subjective, the standards of the consequences, the repeatability and the object-specific, are other basic elements of legal definition of sexual harassment. In this paper, a detailed analysis of the relevant refutation of the negative and the definition of scientific ideas had been studied. On the content, sexual harassment is "sexual" behavior, and this refers to the natural gender-related content, the nature of sexual motivation is not impulsive. Use the victim behavior is unwelcome to be a subjective standard. That's more scientific and rational than the "not voluntary" standard. Degree, sexual harassment exclude acts of violence and avoid generalization of the concept of discomfort. Consequences standards for sexual harassment should be a certain seriousness of the consequences of the judgment of mining to a "reasonable person" standard. As for the specific object and repeatability of the multi-specific conditions it should be considered to be specific analysis. The essence content of sexual harassment is the key addition of concept defines. Denotation and connotation is corresponding to the overall, and in its in-depth analysis of content and the next special analysis, it played a role in the premise of classification. Sexual harassment is tort, which is defined as its basic nature. The theoretical basis, conceptual model, constitute elements, respectively, are discussed, these are located in the nature of the reasons for the violations. Positioning in the tort is more consistent with the fundamental foothold of human rights protection. The premise of the existence of sexual harassment is the personality theory of equal rights, equality between men and women. Sexual harassment against sex discrimination conceptual model and maintain the dignity of the citizens model, reflect the different awareness of the nature of sexual harassment, positioning in the tort is both violations of our basic national conditions and in line with the advanced nature without losing, reasonable. With violations, damage, causation and fault, these four elements constitute sexual tort. Sexual harassment in the workplace not only comply with the above four conditions that constitute an outside, but also have other special requirements, a special violations. Positioning in the tort maximizes the use of Torts Law, and this is also that Chinese judicial considerations, and already has been demonstrated by the number of actual cases.On the problem of the victim of sexual harassment, the paper discussed the direct object of sexual harassment in detail-the right of sex freedom, and also analyzed its nature, status, concept and the inherent characteristics of the structure. The right to dignity, general personal right, the right to freedom, concrete personality right, integrated personality interests, both of the various kinds of arguments have not revealed the most direct object of the sexual harassment. Then, the reputations of this body right, the right to health, privacy and the right of sex freedom have been discussed. And the right of sex freedom is reasonable and inevitable, and also reflects the value of human rights. The right of sex freedom is the right of any citizen to choose where, when, how and with whom one would like to have sex. It makes a distinction with the "virginity right". It is semi-derogation, non-property, the property, no gender differences, and has its own unique structure of the inherent powers.Through the depth analysis of the right of sex freedom and the special analysis of the sexual harassment in the workplace, we gained a deeper understanding on the meaning of sexual harassment. I painted three formulas to describe the relationship between the violations of the right of sex freedom and the sexual harassment. According to this legal analysis, we know that the fundamental nature of sexual harassment is the violation of the right of sex freedom. Violation of the right of sex freedom is more widespread than the sexual harassment itself in its scope. In my view, what sex tort has violated is the right of sex freedom on the part of the victims. Violation of the right of sex freedom due to its damages to the acts of dignity, freedom, equality, the legal value, which rose for the legal recognition and adjustment of sexual harassment. Sexual harassment in the workplace has its own unique nature, in addition to violations of the right of sex freedom, it also infringes on the rights of labor workers, and then in the "male-to-female" typical occasion, the objective also lead to a sense of the occurrence of sex discrimination. However, this situation is the key, targeted, it is a special rather than a general. We reached the point of tort law and in accordance with the qualitative analysis of gender from a social point of focus for the reunification of the women conclusion, recognizing that the infringement as individuals, grassroots regulation and gender discrimination as a social cognitive are not deep contradictions, and then also a general interpretation of harassment, sexual harassment in the workplace by the command of the two feature links.Workplace sexual harassment and sexual harassment in other occasions are the basic types of sexual harassment. This rooted in the facts that the concept of sexual harassment and its regulatory system are all first against the sexual harassment in the workplace occasion, and both with the object of infringement, liability forms, procedures, etc. various. Workplace sexual harassment is divided into quid pro quo harassment and hostile environment sexual harassment. And the sexual harassment in other occasions can be divided into several specific types: public places sexual harassment, sexual harassment through public media, sexual harassment in family, sexual harassment between acquaintances. To be made clear is that these classifications are not able to exhaust all of the specific types of sexual harassment, only aimed at all-round understanding of the extension of sexual harassment, sexual harassment further in-depth understanding of the intrinsic meaning of the act itself.