典型文献
Relief Dilemma of Sexual Harassment in the Workplace and the Way Out of Judgment — Based on Judicial Case Analysis
文献摘要:
Through the retrieval of judicial documents involving sexual harassment in the workplace, it is found that the overall number of civil cases caused by sexual harassment in the workplace in China is very small. In related cases, the proportion of courts identifying sex-ual harassment in the workplace is low, the proportion of victims suing to protect their rights and interests is low, and the winning rate is also low. The main reason why it is difficult to take legal remedy is that the standards of sexual harassment identification are vague, the collection of evidence is difficult, the standards of proof are different, and it is difficult to take the liability of the employer. Article 1010 of the Civil Code stipulates the definition of sexual harassment and the whole-pro-cess prevention and treatment of the employer's obligation, which is significant progress in regulating sexual harassment in the workplace, but cannot completely solve the above problems. Before the legislation is further perfected, it is necessary to clarify the specific identification elements and judgment standards of sexual harassment, clarify the certifying power and proof standards of relevant evidence, and active-ly explore the path of liability of the employer.
文献关键词:
中图分类号:
作者姓名:
WANG Qian;YU Shulin;YU Qiming
作者机构:
Shanghai University of Political Science and Law;Law School of Tongji University
文献出处:
引用格式:
[1]WANG Qian;YU Shulin;YU Qiming-.Relief Dilemma of Sexual Harassment in the Workplace and the Way Out of Judgment — Based on Judicial Case Analysis)[J].人权(英文版),2022(02):401-425
A类:
Dilemma,Harassment,Workplace,Judgment,Judicial,harassment,suing,obligation,perfected,certifying
B类:
Relief,Sexual,Way,Out,Based,Case,Analysis,Through,retrieval,judicial,documents,involving,sexual,workplace,found,that,overall,number,civil,cases,caused,by,China,very,small,In,related,proportion,courts,identifying,low,victims,protect,their,rights,interests,winning,rate,also,main,reason,why,difficult,take,legal,remedy,standards,identification,are,vague,collection,evidence,proof,different,liability,employer,Article,Civil,Code,stipulates,definition,whole,prevention,treatment,which,significant,progress,regulating,but,cannot,completely,solve,above,problems,Before,legislation,further,necessary,clarify,specific,elements,judgment,power,relevant,active,explore,path
AB值:
0.458862
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