Research On The Legal Regulation Of Sexual Harassment In Colleges And Universities

In recent years,the problem of sexual harassment in colleges and universities in China has exposed a tip of iceberg due to the sexual harassment scandal of some teachers,which has aroused wide attention in the theoretical and practical circles.The Civil Code promulgated recently has stipulated in principle the definition and prevention mechanism of sexual harassment,but there has been no consensus on the substantive connotation of "sexual harassment in colleges and universities" in theory.In practice,there is a lack of unified accountability basis and procedures for "sexual harassment in colleges and universities".In this paper,the concept of sexual harassment in colleges and universities is explained from the confusion caused by typical cases,and the concept of sexual harassment in colleges and universities is differentiated and divided into sexual crimes,improper sexual relationship and other related concepts.Then from the perspective of empirical research and questionnaire survey,this paper reveals the current situation,causes and harms of "college sexual harassment" in China,and reflects on the deficiencies in the current legislation and practice of regulating sexual harassment in China.By introducing the beneficial experience of foreign countries and regions on the legal prevention and treatment of sexual harassment in colleges and universities,we can establish the defense mechanism of sexual harassment in colleges and universities in China,and improve the efficiency of sexual harassment investigation and evidence collection,so as to carry out comprehensive legal regulation on sexual harassment in colleges and universities in China.Finally,we should build multiple prevention and control legislation system at the legislative level and a trinity implementation mechanism of prevention,punishment and relief at the school internal governance dimension to avoid the recurrence of campus sexual harassment cases in China to the greatest extent.