Monday, July 5, 2021

Xu Ninglan: China's Sexual harassment law reaches a landmark in new civil code

 

Xue Ninglan: The Chinese Road to Preventing Sexual Harassment: Doctrine, Legislation and Judgment

[Google translate]
Abstract: Since the Fourth World Conference on Women, China’s progress in preventing sexual harassment has been mainly reflected in three levels: doctrine, legislation, and justice. Qualitative and quantitative surveys initiated in different years revealed the social harmfulness of sexual harassment and the importance of defining the concept of sexual harassment and establishing a prevention mechanism. The localized research on the topic of sexual harassment requires both comparative analysis and identification from an international perspective, and based on local practice, exploring local social governance models from legislative evolution and judicial practice. From the Fourth World Conference on Women to the present, China's legal system for the prevention and control of sexual harassment has grown from scratch, has been continuously improved, and has gradually become a system. In this process, the breakthrough in the provisions on sexual harassment in the Law on the Protection of Women's Rights and Interests is a historic turning point, and the establishment of relevant provisions in the Civil Code is of milestone significance. Separately enumerating sexual harassment damage liability disputes as the cause of civil litigation is more relevant to the nature of the tort of sexual harassment, which is conducive to the judicial accurate determination of the nature of the case and the timely protection of the rights and interests of the victims.

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