De-gendering of Sexual Harassment

Authors

  • Yushi Chen

DOI:

https://doi.org/10.62051/2y1ert18

Keywords:

Sexual harassment; De-sexualization; Constituent elements; Feminism.

Abstract

The purpose of this paper is to discuss the development of the definition of sexual harassment in China and its gendering. Initially, China's definition of sexual harassment was mainly based on the Western model, with women as the subject of harassment. However, with the progress of relevant legislation, there is still inconsistency in judicial practice despite the gradual de-gendering at the law-making level. At the beginning of this paper, we analyzed the significance of de-gendering sexual harassment and explored the causes of the differences in the definition of sexual harassment in theory and judicial practice, concluding that the lack of a clear definition of what constitutes sexual harassment and the solidification of social awareness are the key factors hindering the de-gendering of sexual harassment. To this end, this paper proposes a method for redefining what constitutes sexual harassment, which takes into account a combination of factors such as rights, against one's will, intentional behaviors of a sexual nature, and specifically directed objects, as a basis for determining sexual harassment. Through this approach, we aim to comprehensively de-genderize sexual harassment, further promote gender equality, and emancipate women's social status.

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References

Xie Haiding, The unfolding of the concept of sexual harassment in Chinese law, Law and Social Development. 27.01(2021) 210-224.

Simone de Beauvoir, The Second Sex, Paris, 1949.

Wang Cheng, An outline of judicial and private law regulation of sexual harassment behavior, Politics and Law. 04(2007) 81-90.

Shen Yifei, The generalization and narrowing of the concept of "sexual harassment" and measures to deal with it, Journal of Women's Studies. 01(2004) 11-16+27.

Jiao Hsing-Kai, Declaring War on Sexual Harassment in the Workplace, Taiwan, 2002.

Hu, Tianye, Sexual harassment legal system in the United States and its significance, Hebei Law. 06(2004)123-125.

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Published

29-08-2024

How to Cite

Chen, Y. (2024). De-gendering of Sexual Harassment. Transactions on Social Science, Education and Humanities Research, 12, 118-123. https://doi.org/10.62051/2y1ert18