关于性骚扰立法的几点思考——兼评《妇女权益保障法》相关条款

Reflections on Legislative Action against Sexual Harassment——Including Comments on the Relevant Clauses against Sexual Harassment of the Law on the Protection of the Rights and Interests of Women

本文就中国性骚扰立法提出浅见。首先须准确界定性骚扰的概念,将公众场所性骚扰、女性对男性性骚扰、同性间性骚扰和非受雇性骚扰纳入性骚扰范畴;其次坚持以反性别歧视法为主的立法路径,明确雇主责任;最后应综合运用公法和私法手段,形成反性骚扰的法律体系。

This article argues for the adoption of legislation against sexual harassment. First, this legislation should provide definition of sexual harassment, which will cover sexual harassment in the public places, woman-to-man harassment, same-sexual harassment, and non-employee sexual harassment. Secondly, the legislation should be based on an orientation against gender discrimination, and it should highlight employer liability. Lastly, there should set up a legal system to enforce the legislation against sexual harassment, which integrates both means of the civil law and public law.