The Legislative Approach to Employer Liability in Workplace Sexual Harassment Within the PRC Legal Framework: Taking American as a Counterpart

Workplace sexual harassment is a prominent issue across the globe, despite a late start, China has made huge progress in legislation in recent years. However, China’s personality approach is insufficient in both legislation and judicial practice, especially the underemphasis on employer’s liability. Some studies are addressing this issue, but the cause of this problem remains understudied. Thus this article attempts to fill in the missing parts of the discussion. Firstly by reviewing the legislative progress, this article emphasizes the interplay between domestic values and international legislative influences. Then discusses the practical challenges in judicial practice, including the underemphasis on employer liability and the need for clearer guidelines on accountability. By re-examining the collective movement and women’s liberation movement after 1949, This article argues that the avoidance of addressing sexual harassment in the public sphere and the neglect of employer responsibility are deeply rooted in our history. Then by comparing the social movement and legislative approach with the U.S., this paper argues that: (i) adopting the sex discrimination model and (ii) encouraging community engagement by forming a bottom-to-top movement would be beneficial to future legislation and judicial practices concerning workplace sexual harassment. Mass culture and societal currents are crucial for China to emphasize the employer’s liability both in legislation and judicial practice.

Authors

Institutions

Publication Details

Journal
Transactions on Social Science Education and Humanities Research
Published
2024-08-29
DOI
https://doi.org/10.62051/a2takq50
Primary Topic
Corporate Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Legislative Approach to Employer Liability in Workplace Sexual Harassment Within the PRC Legal Framework: Taking American as a Counterpart

Chiyu Fan
Transactions on Social Science Education and Humanities Research
Corporate Law and Human Rights
article

The Legislative Approach to Employer Liability in Workplace Sexual Harassment Within the PRC Legal Framework: Taking American as a Counterpart

Chiyu Fan
article en

Abstract

Workplace sexual harassment is a prominent issue across the globe, despite a late start, China has made huge progress in legislation in recent years. However, China’s personality approach is insufficient in both legislation and judicial practice, especially the underemphasis on employer’s liability. Some studies are addressing this issue, but the cause of this problem remains understudied. Thus this article attempts to fill in the missing parts of the discussion. Firstly by reviewing the legislative progress, this article emphasizes the interplay between domestic values and international legislative influences. Then discusses the practical challenges in judicial practice, including the underemphasis on employer liability and the need for clearer guidelines on accountability. By re-examining the collective movement and women’s liberation movement after 1949, This article argues that the avoidance of addressing sexual harassment in the public sphere and the neglect of employer responsibility are deeply rooted in our history. Then by comparing the social movement and legislative approach with the U.S., this paper argues that: (i) adopting the sex discrimination model and (ii) encouraging community engagement by forming a bottom-to-top movement would be beneficial to future legislation and judicial practices concerning workplace sexual harassment. Mass culture and societal currents are crucial for China to emphasize the employer’s liability both in legislation and judicial practice.

Transactions on Social Science Education and Humanities ResearchVol. 12
Peking University (CN)
Gender equality
Openalex Percentile: Top 80%
Corporate Law and Human Rights
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.