Research On The Tort Liability Of The Perpetrator Of Sexual Harassment

Article 1010 of the "Civil Code" clarifies that sexual harassment is a tortious conduct.It gives the victims of sexual harassment the right to sue the perpetrator.The instructions on the duty of care to the employer are provided in conjunction with the cause of the "sexual harassment damage liability dispute".It has important theories and reality.significance.However,the nature of the regulation regarding sexual harassment is the double inconsistency of extraction and extension.The judgment standard for partial decomposition of the constituent elements is not clear,and the specific form of the actor’s civil liability needs to be refined.This is in line with the provisions of the legal application of the reservation.Taking the connotation and extension of sexual harassment and the essential problems behind it as the starting point,combined with the difficulties existing in internal modern legislation and judicial practice,analyze the judgment standards of the perpetrator’s sexual words and behaviors that violate the law and cause damage,and the specific responsibilities of the perpetrator of sexual harassment;And advanced experience in identifying the nature of sexual harassment behavior and regulatory methods in other countries and regions,and put forward some opinions and suggestions on the governance of future sexual harassment and the relief of victims’ rights.The first part of this article focuses on the basic theoretical issues of sexual harassment.First,it analyzes the unclear connotation of sexual harassment in Article1010 of the Civil Code,and the incomplete listing of extensions,and analyzes the fundamental reasons behind the development of sexual harassment from a social problem to a legal problem.Secondly,it summarizes the current situation of my country’s sexual harassment legislation and judicial practice,and proposes the problems that this article want to solve.The second part focuses on the constitutive elements of sexual harassment and infringement,and analyzes the standards applicable to the determination of the illegality of sexual harassment in our country’s legislation;combined with specific cases,analyzes the determination standards and rationality of the mental damage consequences in judicial practice.The third part starts from the basis of the claim rights that the victim can claim under the current law,and analyzes the non-property liability or property liability that the sexual harassment perpetrator should bear according to the claim right of personality right or the right to claim damages of personality right infringement.The fourth part considers the prevention and governance of sexual harassment beyond tort liability,analyzes and summarizes the advanced experience of foreign countries in the definition of sexual harassment behavior and legal regulations,and then proposes that my country’s future governance of sexual harassment and remedies for the legal rights of victims of sexual harassment should be the first The concept of gender equality is established in the legislative and judicial process,the existing laws are further refined and improved,and an effective defense mechanism is established to reduce and avoid the occurrence of sexual harassment.