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随着因性骚扰引发的纠纷日趋增多,如何对其加以界定成为必须解决的现实问题。本文通过对国外立法的比较考察以及《中华人民共和国妇女权益保障法》修订前后该问题在我国司法与理论层面的现实变迁,提出应着力于司法层面,在明确行为构成要素基础上,构建一个评判行为的标准体系,并据此对性骚扰予以界定。
With the increasing disputes caused by sexual harassment, how to define them becomes a practical problem that must be solved. This article through the comparative study of foreign legislation and the “People’s Republic of China Women’s Rights and interests Protection Law” before and after the revision of the issue in our judicial and theoretical aspects of the reality changes, we should focus on the judicial level, in a clear behavioral elements, based on the construction of a judge Standard system of conduct, and based on which to define sexual harassment.