The Study On Sexual Harassment From The Perspective Of Feminist Jurisprudence

Sexual harassment has been a common problem since women have gone out of their families to enter the public realm.In recent years,as people's awareness of rights protection has increased and women's rights have become more concerned,the issue of sexual harassment has gradually become the focus of social attention.The concept of sexual harassment was born in the middle of the 20 th century when women's awareness of rights protection was awakened.Feminist scholars paid attention to gender equality and women's rights,and advocated that sexual harassment is a form of gender discrimination and made indelible contributions to promoting the construction of a legal system against sex harassment.With the social changes,the social reality of sexual harassment changes,the concept of sex discrimination cannot cover sexual harassment between homosexuality and bisexuality,and the place where sexual harassment occurs expands from the workplace to the general public domain.The concept of sexual harassment began to be questioned.At present,research on sexual harassment in China is mostly focused on departmental law,and research on sexual harassment at the legal level is relatively rare.Academic research on sexual harassment also has no unanimous conclusion.In addition,the current research on the nature of sexual harassment is mostly based on natural physiology,organizational structure,ethics,and social culture.It ignores the feminist jurisprudence that engenders the concept of sexual harassment.This article attempts to explore the social background of the concept of sexual harassment from the perspective of feminist jurisprudence and study the changes in the internal structure and attributes of sexual harassment under the new social reality,and try to make recommendations on the legal regulation of sexual harassment in China.This article is divided into three parts.The first part introduces the historical background of the concept of sexual harassment and the definition of sexual harassment in the sense of the comparative law of various countries from both vertical and horizontal angles.It also combs the current research on the nature of sexual harassment in the academic world and summarizes the current issue of qualitative sexual harassment.The controversy puts forward the difficulties in defining sexual harassment and challenges that are faced under the new historical conditions.Thesecond part focuses on the study of the contribution of feminist jurisprudence to the study of sexual harassment,and highlights the evolution of gender perspectives in various schools of feminism.Nowadays,feminist jurisprudence has a cognitive change in gender issues and draws on the study of feminist postmodernism on power,and explores the common causes of malicious speculation of victims of sexual harassment in society.This leads to a reduction in the sexual harassment of sexual harassment and highlights the power attributes.The third part analyzes the current situation of sexual harassment in China and draws on the theoretical study of feminist jurisprudence to propose suggestions for improving the current status of sexual harassment legislation in China and improves sexual harassment by introducing reasonable female standards and establishing unit prevention mechanisms and a flexible standard for sexual harassment elements.