What is sexual harassment?

First, we need to know the nature of "harassment". There is no crime of "stirring up trouble" in China, but those who stir up trouble, disrupt the life of the parties and threaten to intimidate others violate the Law of People's Republic of China (PRC) on Public Security Administration Punishment and are detained for not more than five days or fined not more than 500 yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan. Harassing and beating others at will under the following circumstances, the circumstances are bad; Chasing, intercepting, insulting or intimidating others, and the circumstances are bad; Forcing or arbitrarily damaging or occupying public or private property, if the circumstances are serious; Accommodating people in public places, causing serious disorder in public places. Whoever constitutes a crime and violates the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

Secondly, we need to know what "justifiable defense" is. According to the criminal law, only when the following five requirements are met at the same time can self-defense be constituted:

First, the cause and condition: illegal infringement of reality.

Second, time conditions: illegal infringement is going on.

Third, subjective conditions: have a sense of defense.

Fourth, the object condition: the defense against the infringer.

Verb (abbreviation of verb) limit condition: not obviously exceeding the necessary limit.

Self-defense is an act taken by the actor to stop the illegal infringement in order to protect the country, the public, the person, property and other rights of himself or others from the ongoing illegal infringement. Only when it causes damage to the illegal infringer can it belong to self-defense.

The three conditions for filing a harassment case are: (1) writing threatening letters or threatening the personal safety of others by other means; (2) publicly insulting others or fabricating facts to slander others;

(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment. Article 42 of the Law on Public Security Administration Punishment commits one of the following acts, and shall be detained for less than five days or fined less than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:

(1) writing threatening letters or threatening the personal safety of others by other means; (2) publicly insulting others or fabricating facts to slander others;

(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;

(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;

(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;

(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.

1, the subjective purpose of the behavior contains sexual requirements or related intentions; In other words, the subjective aspect of sexual harassment must include sexual purpose, which is unwelcome, unwilling and uninterested by the victim. However, in view of China's national conditions, public places such as stations, squares and other large places are often crowded due to limited conditions, and collisions are inevitable, so strict identification standards should be adopted.

2. Identification of behavior: In a broad sense, rape, forced indecency and insult to women are also a kind of harassment to women, but to a certain extent, it is more appropriate to call it sexual assault, so the criminal law punishes them more severely. Sexual harassment is a relatively minor sexual assault. Sexual harassment usually refers to the unwelcome sexual language or behavior made by the harasser to the harassed person, including physical contact, speech, graphic display, eyes and gestures, such as telling pornographic jokes, commenting, showing pornographic pictures, publications and articles, asking about sexual privacy, dating, ogling eyes, sexual posture, physical contact, exposing sexual organs, etc.

3. Definition of sexual harassment: Sexual harassment can be divided into three situations:

First, sexual harassment between superiors and subordinates in administrative organs, enterprises and institutions, employers and employees or colleagues; Second, employees are sexually harassed by customers when they work in the unit; Third, sexual harassment between strangers in public places, such as buses. The first and second situations can always be called sexual harassment in the workplace, and the latter can be called sexual harassment in public places.

4. The targets of sexual harassment include women and men; It includes both the opposite sex and the same sex: in China, sexual harassment of men by women has never been recorded in writing, but it has occurred from time to time in recent years. Therefore, we should learn from the development trend of the concept of sexual harassment abroad to make it more forward-looking and bring the above situation into the scope of sexual harassment research. Make the legal regulation of sexual harassment in China as broad as possible in the future and avoid omissions.

Legal basis:

Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for less than five days or fined less than five hundred yuan for any of the following acts; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:

(1) writing threatening letters or threatening the personal safety of others by other means; (2) publicly insulting others or fabricating facts to slander others;

(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;

(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;

(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;

(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.