Research On Employer Responsibility In Workplace Sexual Harassment In China

The problem of workplace sexual harassment has frequently appeared in the field of vision with the rise of self-media and the rapid development of the Internet age.Sexual harassment in the workplace is not a problem that has only appeared in recent years,but has gradually emerged in recent years and has been paid more and more attention.This article first focuses on our country’s legislation and judicial practice,sorting out the relevant laws and regulations of our country.The promulgation and implementation of Article 1010 of the Civil Code of the People’s Republic of China is an important advancement in the regulation of sexual harassment in the workplace in our country,but it is still unable to fulfill its due role in judicial practice.The role of.Legislation has made milestone progress,and judicial trials are still lagging behind.The article focuses on two cases to show that the court’s determination of employers’ liability in judicial trials is wrong.The court’s misunderstanding that employers can be the subject of workplace sexual harassment and tort is wrong.Issues such as inadequate review to fulfill the corresponding obligations.To explore it,we still need to define the constituent elements of workplace sexual harassment and the nature of the behavior.This article believes that workplace sexual harassment occurs in the workplace or is related to work.The perpetrator implements the victim against the victim’s true wishes and is based on sex.Or gender violations of the victim’s sexual autonomy can be divided into exchange-type sexual harassment and hostile environment-type sexual harassment.In addition to the perpetrators of sexual harassment,the responsibility bearer for workplace sexual harassment should also include the employer,that is,the unit.Combining the theoretical analysis of employers’ liability in academic circles,employers’ tort liability in workplace sexual harassment includes labor contract theory,compensation theory,and danger control theory.And the four theoretical foundations of control and supervision theory,after clarifying the theoretical basis of employers’ liability,and further analyzing the two imputation principles,liability forms and specific methods of liability undertaking,the principle of no-fault liability and the principle of fault liability.Combining exchange sexual harassment and hostile environment sexual harassment,it analyzes the constituent elements of employer’s tort liability and the corresponding exemption.The regulation of employer liability in workplace sexual harassment is not a single country or region issue.The article summarizes the legislative and judicial practice of the two major extraterritorial law systems representing countries and regions.Although there are differences in the formulation of laws and judicial decisions due to the different cultural and social backgrounds of various countries（regions） It is different,but it can still extract the system elements suitable for our country,and provide a reference for the establishment of the employer’s tort liability system for sexual harassment in the workplace in our country.The United States,the United Kingdom,and Australia distinguish between different types of employer tort liability in their jurisprudence,and establish special institutions,such as the Equal Employment Commission to make recommendations on the formulation of laws and regulations,participate in litigation,and urge the implementation of employers’ obligations and the assumption of tort liability.Although Germany,Japan,and my country’s Taiwan region have different legislative perspectives and styles,for example,Germany included it in the framework of equal opportunities law.From the perspective of the rights of victims,Japan scattered it in many laws.In the legislation,the employer’s tort liability and the method of liability shall be specified in more detail.Based on the above research,the last chapter of this article proposes that employers’ responsibilities in workplace sexual harassment should be regulated in multiple ways.Judicial first is to suggest that courts distinguish between exchange type and hostile environment type of sexual harassment when accepting such cases,so as to clarify the employer’s responsibility.Constitutive elements;Second,in terms of the distribution of burden of proof,it is recommended to relax the identification of the victim’s evidence,learn from Taiwan’s practices,and adopt special case handling methods;Third,establish guiding cases as soon as possible to clarify the basic courts’ handling of workplace sexual harassment cases In terms of administrative and social relief,one is the introduction of the "Guidelines for Anti-Sexual Harassment in the Workplace" to strengthen employees’ legal awareness;the other is to establish an effective mediation system to resolve employee complaints from within the unit,making it easier to understand facts and obtain evidence,It can also alleviate the antagonistic relationship between employees and employers,and protect the social image of employers.The third is to learn from Japan’s innovative system-the corporate blacklist system,and the market supervision and management department and the labor department jointly pull units with a "black history" of sexual harassment in the workplace.Entering the "blacklist",this measure will greatly damage the reputation of the company,urge the company to self-rectify,and provide guidance for laborers’ employment choices.Legislation has taken a big step.If judicial,administrative and social relief can keep up and jointly build a prevention framework,it will effectively deal with the problem of sexual harassment in the workplace and provide victims with more and stronger relief.The thesis is divided into five chapters: Chapter One focuses on the current legal regulations of workplace sexual harassment in China,especially the content of employer liability regulations.Although there have been significant legislative advances,in law enforcement and judicial practice,how to identify workplace sexual harassment and how to define Employer liability is still a difficult problem to be solved.Through the analysis of the problems existing in two judicial cases;Chapter 2clarifies the concept and specific manifestations of workplace sexual harassment,and characterizes it as the legal basis for torts and such infringements The two protection modes of legal regulation of behavior and the theoretical basis on which they are based;Chapter 3 discusses the theories on which the employer of the non-workplace sexual harassment perpetrator should be held responsible in workplace sexual harassment,the principle of liability and responsibility under different types of sexual harassment Undertaking forms,specific elements and exemptions;Chapter 4summarizes the case law practice of the three common law countries of the United States,the United Kingdom,and Australia,distinguishes different types of sexual harassment in the workplace,and establishes a special agency to urge employers to assume obligations.A summary of the relevant legislative practices of the three continental law countries and regions in Germany,Japan,and my country’s Taiwan region.The legislation specifies employers’ responsibilities in detail and establishes a multi-dimensional relief mechanism;The responsibility of employers in sexual harassment should be explored in multiple dimensions.