Is harassing others a prank, and what responsibility should the implementer bear?

It means to disturb others and make them restless. Nowadays, there are many common words in society, such as sexual harassment, telephone harassment and text message harassment.

Ordinary type

harass

nature

Harassment is a form of gender discrimination. It abuses power through sexual behavior, bullying, threatening, intimidating, controlling, suppressing or corrupting others in the workplace and other public places. It is generally accepted that there is no uniform definition of sexual harassment.

There are three ways: oral, action and artificial environment. Oral way: if the following language provokes the opposite sex, talk about personal sexual experience or pornographic literature content; Action mode: intentionally touching and colliding with sensitive parts of the opposite sex.

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

"Sex SAO!

"Harassment" is an exotic word, which was put forward by American scholar McKinnon only 30 years ago, but it has become one of the legal words with the highest public awareness rate. Sexual harassment is not a new topic in China.

Explain that a considerable proportion of people have experienced sexual harassment; But for a long time, "sexual harassment" has not been included in China's legal discourse system, and most cases about sexual harassment rely on other provisions in laws and judicial interpretations. these

Provisions and sexual harassment are not exactly the same, and the ambiguity in legislation has brought trouble to sexual harassment litigation. Although there have been many related judicial cases in China, the plaintiff has to confront the harasser in the name of "infringement of reputation".

Go to court.

Can pornography be classified as sexual harassment? There is a process of understanding sexual harassment. Because sexual harassment is relatively mild.

At first, sex and secrets were regarded as just a lifestyle problem in the private sphere, which was harmless pursuit and teasing based on gender attraction, and was decriminalized by courts including the United States. Now it seems that this understanding

More from the experience of those who are in a strong gender position, without considering the feelings of the harassed. In the 1970s, feminism rose in the United States, and the concept of sexual harassment was initially put forward with strong resistance to the patriarchal society.

The color of society means the awakening of women's sexual dignity, and it is also a kind of care for those who are in a weak position in gender.

Sexual harassment itself

This is not consensual flirting, but forced by one party against the will of the other. In essence, sexual harassment is a kind of sexual assault, although its seriousness is not equal to rape and other criminal acts. nature

Sexual harassment violates citizens' sexual autonomy and personal dignity. Under passive or forced circumstances, the harassed person is teased and stimulated by sexual information and behavior, which is inherent in her (his) civil rights.

The right to dignity has undoubtedly been greatly hurt. From this perspective, legislation explicitly prohibits sexual harassment, which is a manifestation of human rights protection.

On May 2 1 2009, the Measures for the Implementation of the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC) (Revised Draft) submitted to the 11th meeting of the Standing Committee of Beijing Municipal People's Congress defined sexual harassment for the first time, and made it clear that five forms constitute sexual harassment.

Article 38 of the draft stipulates that sexual harassment of women in any form, such as language, writing, images, electronic information and physical behavior, is prohibited. Zhou Jidong, director of the Legislative Affairs Office of the Beijing Municipal Government, said that this is the first time that the city has passed legislation to clarify the specific forms of sexual harassment. "The electronic information mentioned in the law is SMS," explained Zhou Jidong, director of the Legislative Affairs Office of the municipal government.

The Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC), which was formally implemented in 2005, has clearly stipulated that "sexual harassment of women is prohibited", but it has not specifically defined the behavioral characteristics of "sexual harassment". Delegates believe that the draft promulgated this time is more practical and easy to operate in practice.

A survey shows that more than 70% of women have been sexually harassed in different forms, 50% have heard pornographic jokes, 40% have been harassed by phone calls and pornographic short messages, and 65,438+00% have been peeped by others.

Sexual harassment has attracted more and more attention. A new law passed by the Standing Committee of Liaoning Provincial People's Congress defines sending pornographic information, telling pornographic jokes and having physical behavior towards women as "sexual harassment". The definition of sexual harassment in Liaoning Province is exactly the same as that in Beijing.

Types of sexual harassment

at present

In real life, most sexual harassment is related to the abuse of "power" and men's belief that their gender has advantages. Harassers use their power or sexually harass others because they think their gender has a comparative advantage. one

People who have or think they have superior power such as status and authority, such as elders, bosses, teachers, coaches and even peers. Sexual harassment threatened or coerced by authority; There are also some people who think their gender.

Superior male. For example, there are still many men who think they are superior in gender, so they have the right to sexual harassment, or think they are stronger and more advantageous.

Compensatory sexual harassment:

Most sexual molesters belong to this kind of men, and the impulse generated by long-term lack or sexual hunger will inevitably make him obscene and offensive to women. The harassment behavior of these people is mostly due to different degrees of loss psychology, and the purpose of harassment is not so much to occupy women as to take advantage.

Sexual harassment in games:

Most of them are men who have had sexual experience, understand women's weaknesses, regard women as playthings, and are indecent and disrespectful to women out of their intentional game mentality. Such men are generally "prey experts" or playboys. Half of the purpose of harassment is to seek novelty, but also to prove one's male "potential energy" and "skill".

Power sexual harassment:

many

It happens when the boss is against employees or the boss is against subordinates, especially female secretaries. Harassers are mostly well-educated, although they are mostly out of the game mentality, but they are more "advanced" and "gentle" than ordinary players.

Ceremony. "Most of these harassers regard women as' consumer goods'. Because of obvious interests, he even thinks that women like this kind of harassment and regards this kind of harassment as his' patent'.

Aggressive sexual harassment:

Most of these men had an unpleasant relationship with women in their early years, and they had great ill feelings and hatred for women, and regarded women as inferior animals or enemies. His harassment was intentional injury or offence. Harassers sometimes do not want to possess the woman, but only satisfy and balance their contempt and hatred for her.

Pathological sexual harassment:

This is sexual harassment with obvious pathological manifestations, such as voyeurism and exposure. Most of these male molesters are real sexual dysfunction. Harassment itself can bring him strong sexual impulses and fantasies, but it can't "cure" him, but it will deepen his illness.

Harassment phone harassment

exist

In some capitalist countries, telephone harassment has become one of social hazards. Some lawless people make random calls. If the harassed person who answers the phone is a lady or wife, they are full of foul language and cannot use it.

Flirting with foul language; What's more, some gangsters call home, and if it is confirmed that only the elderly, children or women are at home, they may commit crimes.

for

In order to deal with telephone harassment, some telephones adopt the way of "number exposure". Although we didn't know who the caller was at that time, we could show the phone number he used. Some phones use "noise"

"Sound punishment" measures, when you hear obscene words coming, you can press the noise button on your mobile phone and respond to the troublemaker with strong noise. In addition, you can also use "tone sandhi", "one machine with two yards" and "screening"

Telephone "and other methods.

There are no clear laws and regulations to stop telephone and SMS harassment in China, but the harassed person can pursue the civil liability of the harasser according to the relevant laws in the General Principles of Civil Law.

First of all, it is certain that telephone harassment has violated the personality rights of others. According to the relevant laws of our country, personality right is a civil right enjoyed by civil subjects according to law. Generally speaking, infringing on the personality rights of others.

Harm, abuse in person is the most common, but some people abuse others by writing letters. After entering the information age, harassing others by making phone calls and sending short messages has become one of the ways to violate others' personality. Due to frequent encounters with Li Xian,

If you are harassed by telephone, you can bring a civil lawsuit to the court, sue the other party for infringing your personal rights, and ask the other party to stop the infringement and compensate for the losses.

In addition, if you sue, you must have evidence. Because of telephone harassment, the party directly faces only one phone number. The parties can prove that it is the other party's number, but they can't prove that it was done by the other party. In this case, in order to prove that the infringement is committed by the other party, it is necessary to adopt special methods such as recording and notarization.

There is also a common large-scale harassing call: 50% of mobile phone users have experienced similar "ringing off the hook" phone harassment. Among them, 80% users have had callback experience. Judging from the feedback from Tianjin, Beijing and other cities, the Ministry of Industry and Information Technology publicly stated that such callback does not generate huge "sucking fees".

Harassment, SMS harassment

short

There are two main forms of interference, one is to send through the terminal number, such as the number of mobile phone or PHS; All kinds of harassing text messages? The other is to send spam messages through sp service port, and then send them through sp port.

The characteristic of short message is that the sending number is not a mobile phone number starting with 13x, nor a PHS number in the form of ordinary local calls, but a number starting with 1060 and 1090. If you receive a message from the sp port

Sending spam messages, mobile phone users can report to China Mobile Company or China Unicom Company according to the ownership of their mobile phones. Taking the case of China Mobile as an example, China Mobile and sp operators have established a credit mechanism. If they accept it,

When users complain, according to different situations, users can be prevented from being harassed by stopping some or even all services of sp operators. You can surf the Internet easily with the same Bluetooth mobile phone text transmission software.

You can download it. After downloading it to your mobile phone, you can automatically search for others in public places? Cell phone number Because there is no charge for texting between Bluetooth phones, many people use this software as a tool for forced chat after downloading it.

For fun.

If the user receives the spam message sent by the terminal number, he can report it to the public security organ or

China Mobile and China Unicom reported; Those who have not participated in illegal and criminal activities can report to China Mobile and China Unicom. The telephone number of China Mobile is 10086, and that of China Unicom is 100 10. When reporting, you should

Save the time, content and sending times of receiving spam messages. The simplest and most convenient way to unsubscribe from the SMS mentioned by Mr. Zhu is to dial 10086 or 100 10 and call the customer service system.

Employees will check which SMS messages they subscribe to each month and then reply manually. If the circumstances are serious, report to the local police station.