职场性骚扰受害妇女的法律救济

近年来,中国大陆发生了十余起性骚扰诉讼案件,以职场中女性遭受男上司、男同事性骚扰为主。因中国私法尚未对性骚扰侵权行为予以调整,致使当事人被动迎合现有案由,法院也因缺乏相应法律依据各自审理裁判。本文在分析几起典型的职场性骚扰案例的基础上,借鉴国外禁止性骚扰的立法经验,结合中国国情,提出了防止职场性骚扰的立法建议,以期对职场性骚扰受害妇女有所帮助。

Legal Assistance to Women Who Experienced Sexual Harassment at the Workplace

In recent years,there have been close to ten court cases relating to sexual harassment at the workplace,most of which concerned with women employees suing against male bosses or colleagues.As there has not been a legal recognition of sexual harassment in China,plaintiffs are left with their imagination about evidence gathering and judges decided upon their own reasoning.This paper examines several cases in this area in light of foreign experiences with legislation on preventing sexual harassment so as to make recommendations for future Chinese legislation to address this situation in China and to protect women's rights against sexual harassment in the workplace.