Litigation, however, due to the inherently secretive nature of sexual harassment and may have burst, the parties promptly fixed hard evidence. According to 'who advocate who burden of proof' principle, the infringed easy to fall into a passive situation. Fu Zhenbang believe that the majority of cases of sexual harassment in civil cases often harass people will face financial compensation, a public apology and other means of punishment, there is a certain social impact, but more limited. Compared to the seriousness of sexual harassment, civil liability civil action brought by a lighter, not enough to curb sexual harassment from happening again. At the same time, the lack of sexual harassment special relief program within the current legal framework. Existing legal employer liability missing Fu Zhenbang introduced within our existing legal framework on sexual harassment regulation, embodied in a number of legal department, including: the Constitution, the Civil Law, Tort Liability Act, women's rights protection law, labor contract law, criminal law and security administration punishment law. In 2005, the newly revised Law on the Protection of Women's Rights expressly prohibits sexual harassment, indicates that China has begun to face sexual harassment law this social problem. However, the current status quo on legislation regulating sexual harassment still exists many defects. 'In the definition, our existing legal lack of direct regulation on sexual harassment, sexual harassment constituent elements not specified.' Fu Zhenbang noted that currently only women's rights protection Direct proposed sexual harassment this act, the rest of the law is mainly to protect the reputation , in the form of higher-order personality rights or honor, etc. regulations. 'Even the women's rights protection law, and not of sexual harassment specific constituent elements were specified, and no sexual harassment be clearly defined and classified, which makes the parties in the exercise of rights, accountability is difficult to sexual harassment justification, more likely because this uncertainty and passive, so that the rights of the parties to reverse proof obligations difficult. 'Fu Zhenbang said. Fu Zhenbang noted that the protected object is now confined to women, men suffer from neglect male, female male vulnerability to sexual harassment; Responsibility in terms of sexual harassment cases only harassment as the main responsible person, unit liability, employers liability are missing. 'The existence of sexual harassment, to some extent, the impact on workers' rights, and the formation of such shocks
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