Research On The Employer's Liability System For Workplace Sexual Harassment Under The Perspective Of The Civil Cod

The Civil Code of the People’s Republic of China,which came into effect in 2021,has include workplace sexual harassment in the scope of civil law regulation,which means that the scope of legal protection of citizens’ basic rights is expanding,which is in line with the requirements of building a socialist country under the rule of law.The relevant provisions of the Civil Code of the People’s Republic of China clarify the concept of sexual harassment and establish the legal obligation of institutions to prevent sexual harassment.However,it is still difficult to tackle with the issue of sexual harassment in judicial practice by relying only on the relevant content of the articles,especially the issue of sexual harassment in the workplace with high frequency.Judging from foreign judicial experience,the role of institutions in preventing and controlling sexual harassment in the workplace can be said to be not small.Therefore,on the basis of the obligation of institutions to prevent sexual harassment in the Civil Code,improving the institutions’ responsibility system for sexual harassment in the workplace is a necessary process to eliminate workplace sexual harassment and achieve the purpose of legislation.In addition,it can also provide some inspiration and experience for dealing with other types of sexual harassment,such as campus sexual harassment.Based on the institutions’ obligation to prevent sexual harassment in Article 1010(2)of the Civil Code,this article will focuses on the theme of improving the institutions’ liability system for sexual harassment in the workplace,and firstly introduces the relevant concepts and basic status quo of the domestic institutions’ liability system for workplace sexual harassment to draw out the problems existed in the system,and then analyze the advantages and disadvantages of the employer responsibility system for workplace sexual harassment in foreign countries to offer suggestions for improving the system in the aspects of the nature,the identification standard,the form and the way of assuming of institutions’ liability for workplace sexual harassment.This paper mainly includes the following five parts:The first part is an overview of the institutions’ liability system for sexual harassment in the workplace.Through the definition and analysis of the basic concepts such as workplace sexual harassment and institutions’ liability,as well as the discussion on the theoretical basis for the institutions to take responsibility for workplace sexual harassment,we can prove the reasonability of the institutions’ responsibility and the necessity of improving the institutions’ liability system for sexual harassment in the workplace.The second part investigates the current situation of the institutions’ liability system for workplace sexual harassment in domestic from both legislative and judicial aspects.Based on the study of the basic contents of relevant laws and regulations and the typical cases of workplace sexual harassment,this paper makes a thorough analysis of the current applicable situation of institutions’ liability system in the workplace from the legislative and judicial aspects.The third part specifically discusses the problems existing in domestic institutions’ liability system for sexual harassment in the workplace from the perspective of the "Civil Code" in the aspects of the nature,the identification standard,the form and the way of assuming of institutions’ liability for workplace sexual harassment,and attempts to finds the entry point of improving the system from the perspective of problems.The fourth part summarizes the reference of extraterritorial experience of the institutions’ liability system for sexual harassment in the workplace.Based on the inadequacies of the domestic system,this paper introduces the relevant content of the employer responsibility system for workplace sexual harassment in the United States,Australia and Ireland,in order to provide inspiration and ideas for the improvement of the system.The fifth part is about the suggestions to improve the institutions’ liability system for sexual harassment in the workplace.In view of the insufficiency of the system,suggestions are put forward in a targeted manner to clarify the nature,identification standards,responsibility forms and ways of assuming responsibility of the institutions’ liability.