Journal of East China Normal University(Educationa ›› 2018, Vol. 36 ›› Issue (4): 150-157+168.doi: 10.16382/j.cnki.1000-5560.2018.04.015

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The Definition of Campus Sexual Harassment and its Legislative Implication

REN Haitao, SUN Guanhao   

  1. Law School, East China Normal University, Shanghai 200241, China
  • Online:2018-07-20 Published:2018-07-05

Abstract: The increasing sexual harassment on campus has become a widespread legislative and judicial concern. However, there is still no agreed definition of the term sexual harassment in China's academic com-munity and very little has been studied on sexual harassment on campus, which is unfavorable for the intro-duction of related prevention measures. This article argues that a clear definition of sexual harassment on cam-pus is a necessary prerequisite for effective governance. Besides, it should be distinguished from similar con-cepts likes sexual harassment in the workplace, sex violence on campus, and school sex trading. And the con-notation of sexual harassment on campus should be understood in the narrow sense that the knowledge of cam-pus relationship is the most important. Therefore, it should be required that the harassing person's objective behavior exert a substantial impact on sex and a negative impact on the victim. Finally, it is necessary to fur-ther limit the subjective psychology to achieve an accurate definition of sexual harassment on campus. The le-gal definition of this concept can provide theoretical support for relevant legislation and lay a necessary theoret-ical foundation for effective governance of sexual harassment on campus.

Key words: sexual harassment on campus, definition, campus relationship