The Legislative Regulation Of Sexual Harassment

“The sexual harassment” the concept first proposed most early by US feminism juristKatherine· Mackinnon in the20th century70’s.US also is in the world carries on the sexualharassment legislation most early the country. The various countries sexual harassmentlegislation all deep comes under US’s influence. The time develops today, the sexualharassment becomes the various countries day by day a social difficult problem. Is in floodalong with the sexual harassment appears and the different shape appearance, the forcevarious countries strengthens and consummates our country unceasingly the law.In our country, the question which the sexual harassment brings does not allow to belittle.Not only the preventing and controlling sexual harassment is a big social difficult problem,also is puzzles us the legal difficult problem. In view of the fact that our country sexualharassment creates the harm is day by day serious, is at the initial period stage, the experiencein our country law rules and regulations is not in the very rich situation, our country shouldprofit from the overseas rules and regulations sexual harassment the legal regime and theexperience, then proposed conforms to our country national condition sexual harassment legalrules and regulations conception. This article intention through conducts the research to thesexual harassment question as well as the various countries to the sexual harassmentlegislation present situation, found is worth the experience lesson which our country profitsfrom, and proposes the author to the counter-sexual harassment legislation conception. Thisarticle besides the introduction, altogether divides into four parts, counts approximately25,000characters:The first part, mainly studies the sexual harassment concept origin and the development,and makes the limits to the sexual harassment legal concept. This article from the historicalangle inquired into the sexual harassment concept produces the background, and throughcombs sexual harassment this concept since to have the expansion which the connotation andthe extension has occurred, mainly includes the sexual harassment main body and the sexualharassment has the change which the place occurs, comes to make own to the sexualharassment concept definition. In conducts the research to the sexual harassment concept inthe foundation, this article attempts the sexual harassment rise is a legal concept and carrieson the legal definition, proposed the sexual harassment in essentially is the offensive right toindependence abuse of authority, and carries on the essential proof.The second part, mainly is to the sexual harassment law rules and regulationscomparison test research. This article through to American, English, French, Australian,German, the Japanese six countries carries on the inspection about the sexual harassmentlegislation aspect advancement and the present situation, the synthesis comparison researchvarious countries legislation advantages, excavates legislates to China has the modelsignificance information.The third part, mainly is carries on the analysis to our country rules and regulationssexual harassment legislation present situation, pointed out our country legislates the aspect deficiency. Legislates regarding our country the sexual harassment concept which exists not tobe clear about the relief now which in the limits, the law can provide responsibility andevidence rule legal flaw11elaborations and so on to be very limited, reasonable not topresent evidence.The fourth part, elaborated emphatically to our country sexual harassment law rules andregulations legislation tentative plan, this also is this article starting point and the foothold. Inthis part pointed out our country counter-sexual harassment legislation pattern should walkthe personality power protected mode; Establishes the counter-sexual harassment in thelegislation way the comprehensive legal framework, and proposed our country at present notsuitably formulates special "Counter-Sexual harassment Law" this viewpoint; In detailelaborates our country counter-sexual harassment synthesis legal framework portal frameconstruction and the primary coverage.