性骚扰案件能否适用举证责任倒置规则

Can Cases of Sexual Harassment Be Applicable to the Inversion of Onus Probandi

性骚扰问题成为当前突出的社会问题。按照“谁主张,谁举证”的原则,受害者往往由于证据不足而败诉。有学者认为将举证责任倒置原则应用于反性骚扰诉讼中,以此来突破证据瓶颈。笔者认为,将举证责任倒置原则应用于性骚扰诉讼中既无法律依据也可能造成很大的法律风险,诉讼中法官可采用“诚实信用原则”,在合理范围内分配举证责任。

Nowadays the sexual harassment has been a serious social problem. According to the principle of ＂who claims, who proves＂, victims often lose their lawsuits with the weak ability for proving. Some scholars think that cases of sexual harassment can be applicable to the inversion of onus probandi so as to deal with this problem for proving. But the author thinks that the application of the inversion of onus probandi in the sexual harassment lawsuits lacks law gist, and may cause serious law risks. The author puts forward suggestion that judges can divide the burden of proof reasonably according to the principle of ＂honesty and credit＂.