Research On Legal Regulation Of Sexual Harassment In The Workplace

Article 1010(1)of the Civil Code,which came into force in January 2021,provides for the prohibition of sexual harassment and sets out the corresponding obligations of institutions,schools,enterprises and other units in paragraph 2 of the same article.the Law on the Protection of the Rights and Interests of Women,which was amended in 2022,contains a series of new provisions on sexual harassment in articles 23,24,25 and 80,thus completing the system of legal regulation of sexual harassment in China.Although sexual harassment is regulated by the above-mentioned laws,there are still many legislative and judicial shortcomings in China regarding sexual harassment in the labour field.In view of this,it is necessary to draw on the useful experiences of typical countries or regions and improve the legal regulation of sexual harassment in the labour field in China from the actual situation in China.This article analyses the current situation of sexual harassment in the labour field and the current state of judicial practice in China,summarises the relevant legislative experiences of other countries and regions,and puts forward suggestions to improve the legislative and judicial deficiencies in the regulation of sexual harassment in the labour field in China,with a view to providing reference for the relevant legislation and judicial practice.The body of this article is divided into four main sections.The first part introduces concepts related to the legal regulation of sexual harassment in the workplace.Specifically,it explains the definition,object,classification and social status of sexual harassment in the workplace,arguing that the object of sexual harassment in the workplace is a combination of various rights and interests,including the right to sexual autonomy,the right to the body,the right to health and the right to work.The legal regulation of sexual harassment in the workplace is important in preventing and stopping such behaviour,protecting the legitimate rights and interests of victims and creating a healthy and harmonious working environment.The second part states the legislative situation,the current state of judicial practice and analyses the respective problems in regulating sexual harassment in the labour field in China under the background of the Civil Code.Firstly,there are problems in the legislation,mainly because the legislation on sexual harassment in the workplace is not yet sound,especially the existing legal norms do not clearly stipulate the civil liability of the employer;secondly,there are problems in judicial practice,mainly because the rules on the recognition of sexual harassment are not clear,and the rules on the burden of proof and evidence in sexual harassment cases are inadequate.These problems indicate that there is still room for further improvement of the provisions on the prohibition of sexual harassment in China.The third part is a comparative law examination and reference on the legal regulation of sexual harassment in the labour field.This part mainly elaborates on the legislative experience of the United States,Japan and Chinese Taiwan in relation to sexual harassment in the labour field,and summarises what China can learn from them.The main contents are: firstly,to clearly define the meaning of sexual harassment in the workplace;secondly,to clarify the responsibility of employers for sexual harassment in the workplace;and thirdly,to improve the relief system for victims.The fourth part is to make its own suggestions on the improvement of the legal regulation of sexual harassment in the workplace in China.The first is to build a system of sexual harassment regulation based on the Civil Law and the Law on the Protection of Women’s Rights and Interests,supplemented by other laws,regulations,rules and judicial interpretations;the second is to refine the specific provisions of the Civil Law on the regulation of sexual harassment in the workplace,such as clarifying the rules for identifying sexual harassment in the workplace and specifying the tort liability of employers;the third is to improve the specific provisions of the relevant laws in the labour field on the regulation of sexual harassment in the workplace.Fourth,to improve the judicial rules of evidence in cases of sexual harassment in the workplace,including lowering the standard of proof and improving the rules of admissibility of evidence.