Legal knowledge and expression of sexual harassment (SMS harassment

The legal application of "sexual harassment" in China is scattered in laws and regulations. Article 38 of the Constitution stipulates that the personal dignity of China citizens is inviolable, and it is forbidden to insult or slander citizens in any way. Articles 10 1 and 120 of the General Principles of Civil Law stipulate that citizens enjoy the right of reputation and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens by insulting or slandering. Citizens have the right to demand cessation of infringement, restoration of reputation, elimination of influence, apology and compensation for losses.

Article 42 of the Law on Public Security Administration Punishment commits one of the following acts, and shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10, and may be fined as follows by 500 yuan: (5) sending obscene, insulting, threatening or other information for many times, which interferes with the normal life of others;

In August, 2005, the National People's Congress Standing Committee (NPCSC) amended the Law on the Protection of Women's Rights and Interests, adding the stipulation that "sexual harassment of women is prohibited", but it did not specifically define "sexual harassment".

There is no uniform definition of sexual harassment. In judicial practice, it is forbidden to sexually harass women in any form, such as language, writing, images, electronic information and physical behavior. Generally speaking, there are three ways: oral, action and artificial environment.

Oral way: if the following language provokes the opposite sex, talk about personal sexual experience, pornographic jokes or pornographic literature content;

Action mode: deliberately touching, bumping and kissing the face, breasts, legs, buttocks, genitals and other sexually sensitive parts of the opposite sex; Or send information such as obscenity, private parts or teasing each other through the internet and mobile phones.

Setting environment: arranging obscene pictures and advertisements around the workplace to embarrass the other party.