论性骚扰——性骚扰问题面面观

On sexual harassment——Diverse aspects of sexual harassment

近来,国内媒体开始出现有关以性骚扰为案由提起诉讼的热门报道.性骚扰事件早已有之,而且发生率相当高,为何时至今日才有人提起诉讼并成为热门话题呢?这首先说明,人们的法律意识和性权利意识正在大大地增强,懂得了应当运用法律手段来维护自己的尊严和性权利;但是,同时也暴露出两个方面的问题:一是暴露出我国法律在这方面还存在着一些明显的漏洞,有必要尽快予以弥补;二是暴露出人们的法律意识还有待完善,例如,关于法律必须重证据的意识还比较薄弱,往往是虽有运用法律手段来维护自己的尊严和权利的强烈愿望,而不懂得如果没有足以使法庭采信的证据或证据不足,就达不到维护自身权利的目的.弄不好还可能造成自己的被动,甚至落个"诬陷"的罪名!

Recently Chinese media have begun to cover the hot topic of lawsuits over sexual harassment.Why at the late present time have the lawsuits over sexual harassment appeared and become a hot topic while cases of sexual harassment have existed for a long time and at a high frequency? It principally implies that people have an increasing awareness of law and sexual rights.But it also exposes two problems:one is that there are some salient loopholes in the law which must be plugged as soon as possible;the other is that people's awareness of law remains to be improved.For instance,people have a dim awareness of the importance of evidence in lawsuits;for all that they have a vehement desire to maintain their own dignity andrights,too often they do not know that without evidence good enough to convince the court or without sufficient evidence,theycannot attain the goal of maintaining the rights of their own,and if they do not do a good job,they may make themselvesthrown into passivity and even be charged wit 'frame-up'.In order to promote the solution of the said problems as soon and appropriately as possible,the authors expound their own views on the harmfulness of sexual harassment to the society,the definition of sexual harassment,its subject of behavior,behavioral mental structure and mode,object of offensive behavior and object vulnerable to offense,mentality of harassed indi viduals,evidence and evidence obtaining,comprehensive social control measures,legislative considerations,interim measures prior to legislation,how do the harassed cope with harassment,what agency do they complain to,and which agency should place on file,investigate and treat these casee.