| Sexual harassment is a serious issue existing in western world for long. Now, it has become an issue arousing increasing interest in China today. Till now, there is still no unique definition for sexual harassment yet. Actually, it is hard to achieve one that can be accepted everywhere because of different cultures, different moralities and different legal traditions.What kind of legal form should sexual harassment law take is still controversial. This is due to the vague recognition of the character of sexual harassment. In effect, there are now two paradigms for harassment law in the western world: an American anti-discrimination paradigm and a Continental dignity paradigm. Sexual discrimination may be one of the complicated causes of sexual harassment, but it's not the crucial one. Sexual harassment is in nature a kind of tort that infringes the right of sexual autonomy.How to regulate sexual harassment effectively is either a social problem or a legal problem. The experience of western world indicates that the most effective way of regulation is to establish a whole legal system while not a single department or institution. Among China, sexual harassment law should be grounded on tort law. Simultaneously, we can add some special provisions into relevant laws to provide special protections for those in areas with worse conditions. At proper time, we can also consider establishing a special law institution on sexual harassment to solve this problem systematically. |
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