Analysis of the Criteria for Identifying Sexual Harassment

Article 1010 of the Civil Code establishes a basic legal framework for handling sexual harassment disputes, yet this provision merely offers a foundational definition of sexual harassment, lacking specific and highly feasible identification standards for such behaviors. This situation has led to ambiguities in the definition of sexual harassment in judicial practice, and the academic community has also exhibited extensive controversies and disagreements regarding the identification standards for sexual harassment. In view of this, to address the practical difficulties in the judicial identification of sexual harassment disputes in China, it is necessary to proceed from two levels: legislative amendment and judicial application. The Supreme People's Court should issue relevant judicial interpretations to elaborate on the subjective and objective constituent elements of sexual harassment behaviors and standardize their definitions. At the same time, it is crucial to avoid the mechanical application of general tort provisions, thereby reducing the complexity of judicial decisions and effectively safeguarding the legitimate rights and interests of victims.