Lu Xiaoquan (Executive Director of Beijing Qianqian Law Firm)
Interviewer: Li Shaobin
A total of 15,000 words in the full text, it takes about 30 minutes after reading
On the eve of the "March 8th" International Women’s Day, the Supreme People’s Procuratorate issued the "Notice on the Implementation of the Practical Law of the Women’s Rights of the People’s Republic of China" to effectively protect the rights and interests of women’s rights and interests, and put forward specific requirements for the comprehensive protection of women’s rights and interests of the procuratorial organs.The "Protection Law of the Women’s Rights and Interests of the People’s Republic of China" (hereinafter referred to as the "Women’s Security Law") was revised and approved on October 30, 2022, and it will be implemented from January 1 this year.
Regarding the content and significance of the revision of the Women’s Security Law, we interviewed Lu Xiaobu, the executive director of the Qianqian Law Firm from Beijing.Lu Xiaoquan has long been engaged in legal aid, research and advocacy of women’s rights and interests. It is a legal researcher and practitioner of women’s rights protection, gender equality, and public welfare legal services.At the same time, during the solicitation of the new "Women’s Insurance Law", Lu Xiaoban and his team actively participated in and submitted a large number of modification suggestions from the perspective of legal profession.
In this interview, we focused on the amendments to the new "Women’s Security Law", sexual harassment, and workplace gender discrimination with Lawyer Lu Xiaoquan
保 The milestone of the "Women’s Rights Protection Law"
Nandu Observation: The "Women’s Rights Protection Law" has ushered in a large repair since its amendment in 2018. During the publication of the first review and the second review draft, hundreds of thousands of amendments have been received. It can be said that in recent yearsOne of the most popular amendments to the public, what do you think of everyone’s enthusiasm for participating in this revision?
Lu Xiaoquan: I think I can talk from the following aspects.
First, a basic common sense: women’s rights and interests are basic human rights.As early as many years ago, the equality of men and women was written into my country’s law as a basic national policy.In recent years, the government’s attention and attention to the protection of women’s rights and interests has continued to increase. It has done a lot of work in legislation, law enforcement, judicial, propaganda, guidance, etc., including the revision of special legislations to protect women’s rights and interests this time.
Secondly, in the process of formulating or revising the law, the National People’s Congress will publish draft drafts on the Internet of the Chinese People’s Congress in a timely manner and publicly solicit opinions from the society. Generally, it is one month.This fully reflects the government’s emphasis on public participation in national legislation and provides corresponding sound channels for public opinion expression.
Third, according to the main data released by the seventh national census, women accounted for nearly 700 million people in my country.According to the role positioning of "women can top half of the sky", it involves the legal amendments to such large -scale groups, which will naturally lead to widespread attention and discussion of women. Of course, men who pay attention to gender issues will also actively participate and promote.
Finally, during this revision, experts and scholars, front -line practical workers, media, social organizations and other subjects pushed this issue to the public level through various channels, so that more public knows the specific provisions of this revision.In addition, professional institutions such as Qianqian Law Firm, which specializes in gender equality, also put forward corresponding amendments from the legal level, providing a variety of perspectives and reference samples for public participation in submitting amendments.
Nandu Observation: Can you generally evaluate the new "Women’s Security Law"?What do you think is the highlight?What is the positive significance of the protection of women’s rights and interests?
Lu Xiaoquan: This "Women’s Insurance Law" was revised, the third revision since the legislation in 1992, only three years after the last revision in 2018.This shows that the new "Women’s Insurance Law" closely linked the inherent needs of women’s rights and interests, actively responded to the new changes in the field of women’s rights and interests in recent years, and reflects the characteristics of legislation with the times.
At the macro level, I think that the main purpose of this revision is to implement the basic national policy of equality between men and women and enrich the system protection of women’s rights and interests.On this basis, according to the characteristics of the protection of women’s rights and interests in the new period, some special protection principles are strengthened.
Specific to the provisions in the new "Women’s Security Law", I will simply enumerate here to explain:
For women’s personality rights and interests that the public generally pays attention to, some special regulations made in the third chapter of the Women’s Security Law, I think it is very meaningful.For example, "Medical institutions perform fertility surgery, special examination or special treatment, they should obtain the consent of the woman themselves; when women are inconsistent with their families or relationships, they should respect the wishes of women."In fact, it should be clarified who belongs to who belongs to, and no one can replace the patient himself.
In addition, the new "Women’s Insurance Law" also stipulates the compulsory reporting system and clarifies the responsibilities of relevant departments.This content did not appear in the first review manuscript. After the Fengxian incident, this clause was specially added in the second review, which also reflected the characteristics of advancing with the times.
Secondly, regarding people in recent years discussing more sexual harassment, the new "Women’s Security Law" further improves the relevant mechanism of prevention and disposal of sexual harassment and sexual assault.The obligation of sexual harassment is clearly clarified on the combination of specific measures to be combined with the bottom of the pocket.
At the same time, the revision of women’s labor and social security rights is also one of the key points.The new "Women’s Insurance Law" clearly stipulates that the gender discrimination of employment is to be eliminated, and it is also explained by the combination of the bottom of the plus pocket, including the employer shall not be "limited to male or prescribed men’s priority" during the recruitment process, or adopt "forbidden".Terms of marriage and pregnancy.
Regarding the responsibility of the employer’s rights to protect the rights and interests of female employees, it clarifies the relevant content of the labor contract or employment agreement.Other laws and regulations such as employee labor protection are connected.
The above is simply listed some modifications that I think are more highlights. In fact, there are many. For example, for the first time, the substantial content of discrimination is defined from the national legislative level.Laws, regulations, regulations, regulations, and other normative documents are carried out on equality assessment of men and women when necessary to protect women’s freedom and personality dignity from violating, increase the obligation of compulsory reporting of accommodation operators, expand the scope of personal safety protection order, protect women’s legal property rights and interests, Increase legal relief chapters, increase women’s rights and interest procuratorial public interest litigation systems, and so on.
Compared with the previous biased principles, programming, oath and advocates legal provisions, some of the provisions of the new "Women’s Security Law" are more targeted, operable and executable.Career attention and attention.By improving the relevant laws, the basic national policy of men and women is further promoted in terms of breadth and depth.I personally hold a positive and positive evaluation of this revision.
Nandu Observation: Among them, do you think there are regrets?
Lu Xiaoban: There must be a regretful place.In this revision, I think the main tone should be positive, but there are also some places that need to be improved and improved. We can make some simple discussions on this.
In my opinion, the second of the general rules "The equality of men and women is the basic national policy of the country. The country takes necessary measures to promote equality between men and women, eliminate discrimination against all forms of women, and prohibit exclusion and restriction of women to enjoy and exercise all rights in accordance with the law.Protect the special rights and interests enjoyed by women according to law. "As the provisions of the entire new" Women’s Security Law "revised process, it refers to the definition of the" Elimination of the Convention on All Forms of Women "(hereinafter referred to as the" Convention ")."Gender -based treatment, rejection, and negation" emphasized the core constituent elements of the definition of women’s discrimination, which is worthy of recognition.
But the shortcoming is that I think that one clause should be added to define what is "discrimination against women" and define the content of the Convention and localization, but at presentIn judicial practice, there is no discrimination against women, and there is a certain room for improvement.
In addition, the second paragraph of Article 3, "The special rights and interests that the state protects women in accordance with the law", can easily cause misunderstandings for those who lack basic understanding of gender equality. They believe that "special rights and interests" will cause inequality to men.
Based on this, I think that from the perspective of legal execution and elimination of ambiguity, it should be added to the "physiological aspect" in front of "special rights and interests" to indicate that it is mainly due to pregnancy and production due to pregnancy and production due to pregnancy and production., Breastfeeding and other special physiological periods of rights and interests.
Nandu Observation: We noticed that in the first audit draft, one content has aroused greater attention, "the country can take a temporary special measure to achieve equality between men and women."What do you think?Some people think that this will cause inequality to men and is an infringement of men’s rights and interests. How do you evaluate this view?
Lu Xiaoquan: This is where I personally feel particularly regrettable.It needs to be clear here that it is just mentioned that Article 2) of the General Principles "Protecting women with special rights based on physiology" is mentioned. We can understand that as long as the feminine physiological structure does not change, there is a physiological difference between men and women.Protection is permanent, and it will never be outdated.
But "temporary special measures", we can notice the word "temporary".Its primitive source is Article 4 of the Convention stipulated: "1. The temporary special measures taken by the contracting countries to accelerate the de facto equality of men and women shall not be regarded as discrimination referred to in this Convention, and it shall not lead to inequality as a result.Or the standards; these measures should be stopped after the purpose of men and women’s opportunities and treatment equality. 2. 2. Special measures taken by the contracting countries to protect their motherhood, including the measures listed in this Convention, must not be regarded as discrimination. "
This is not based on physiological differences, but special measures taken by women caused by society, economy, culture and other factors.During the publication of the first review, we suggested that this modification to "the state should take special measures to achieve equal between men and women, and give women different treatment to correct the women’s society, economy, culture, and other aspectsDifferent adverse effects ".
For example, in the neighborhood committees or village committees or state organs, the proportion of women members has a significant gap compared with men, and in fact, there is a significant gap, which is seriously inconsistent with women’s proportion of nearly 50%of women in my country.Therefore, the "quota system" adopted for women’s participation in politics is a "temporary special measure".The "Chinese Women’s Development Outline (2020-2030)" stipulates that by 2030, the proportion of women among members of the village committee will reach more than 30%, and the proportion of women in the village committee director will gradually increase.The proportion of women in the community neighborhood committees remained at about 50%, and the proportion of women among the director of the community neighborhood committee reached more than 40%.
Affected by the far -reaching concept of the traditional patriarchal system, the promotion of women in the workplace has obvious workplace ceiling effects, so it is necessary for the proportion of female members.When we truly achieve the goal of 50%, after men and women enjoy equal status with opportunities and treatment, the quota system should stop.
Therefore, "special rights and interests based on physiological levels" and "temporary protection measures" constitute two dimensions of the protection of women’s rights and interests in the entire national legal system.The view that it is considered to cause male discrimination is completely pseudo -proposition, and there is no value at all, but it is undeniable that this view is objective in reality.
Nandu observation: But many people in the society currently have a "male gender weakness" cognition.Many men attribute themselves as disadvantaged groups, thinking that the current female status is very high, even more than men, so they will be angry when they hear this discussion.
Lu Xiaoquan: It is normal to hold this view, because their personal living environment and personal experience are very limited, and there may be some "strong" women around them.However, at the overall level of society, this argument is completely untenable.
Although the status of women in my country has indeed made great progress in recent years, affected by traditional concepts and legal system construction, women are still discriminated against in various fields.For example, in the field of employment, from recruitment (recording) discrimination, to discrimination (such as third -phase discrimination), jobs, salary, and treatment discrimination (such as different workers), workplace promotionDiscrimination on the top, to discrimination of retirement age.It can be said that the gender discrimination in the workplace, including women from job hunting to entry to retirement, is a discrimination that runs through the entire process of women’s career.
We have a certain distance on the amendment of the protection of women’s rights and interests this time, which exactly shows that the goal of achieving equality between men and women has a certain distance. The prevalence of this argument also explains.And Daoyuan.
Nandu observed: Or can we understand whether some men are so panic or angry about this issue, in fact, it just shows that the master of men’s dominance is touched?
Lu Xiaoquan: Yes, a great reason is that his vested interests have been challenged.For example, the issue of land rights in rural women can find that when a court makes a judgment that is conducive to marrying women in accordance with the laws such as the Women’s Security Law, it can be found on the Internet.Many people say, "You see the current women turn over as the master, and it is not satisfied with our men?" "Chinese women’s status is already very high." These concepts are very marketable.What happened.
Then when it comes to the regrets above, in terms of wording, the name of the third chapter of the Women’s Security Law is written as "personal and personality rights."I personally do not agree with this to discuss personality and personal rights, because personal rights include personality rights and identity rights, and the two are not tied.
In addition, throughout the new "Women’s Security Law", it has repeatedly mentioned that "women enjoy equal rights with men."For such words, I personally reserve attitude, because this is to define men’s rights as a reference, indicating that we still have not yet got rid of the traditional patriarchal system.
When submitting the amendment opinion, our team directly suggested that the above expression is unified to "the right to enjoy equality between men and women", and does not use anyone as a reference. This can avoid further solidifying traditional gender stereotypes and deep -rooted patriarchal concepts, which is conducive to strengthening women in women inLegal subject status.
In Article 77 of the New "Women’s Insurance Law", on the issue of women’s equity procuratorial public interest litigation system, we propose two amendments: First, we recommend that the Women’s Federation as the plaintiff of the Public Welfare Litigation Clarified; Second, the situation of the public interest litigation is currently adopted to list the combination of the bottom of the plus pocket, which lists a total of four items. We recommend that the anti -domestic violence work is included. There are two reasons:
First of all, at the legal level, the Anti -Family Violence Law stipulates that state organs, schools, hospitals, employers, grass -roots autonomous organizations and other legal responsibilities of anti -domestic violence.If the above -mentioned subject does not perform relevant duties such as compulsory reports, warning, asylum, etc., the victims will cause serious consequences such as injuries, disability, death, or violence.Safety benefits ignore and infringement.
Second, at the practical level, the "Regulations on the Anti -Family Violence of Jiangsu Province" has made a demonstration effect. Article 52 clearly stipulates that "the relevant departments and units do not perform the responsibilities of anti -domestic violence work, which has caused public interests to be violated. The People’s ProcuratoratePublic interest litigation can be filed in accordance with the law. "As a special legislation for women’s rights and interests, it should absorb better practical experience and practices.
Nandu Observation: In response to divorce litigation, the new "Women’s Security Law" has added provisions on ensuring women’s right to know the common property of husband and wife.But as the level of principle, will there be problems in the specific implementation process?
Lu Xiaoquan: This article is fully expressed that "During the divorce litigation, the husband and wife applied for inquiry and registered the property status of the property under the name of the other party and did not collect it due to objective reasons. The people’s court should conduct investigation and evidence collection, and the relevant departments and units should assist."Although it is clear that the husband and wife have the right to investigate the property of the other party during the divorce, the provisions are more emphasized that the court can apply for investigation, and there is no clear explanation of how the right to collect themselves should be guaranteed.
Because the court is relatively heavy in daily work, there may be problems that are not effective and cannot be carried out in time in investigation.In addition, the right to apply for the court’s investigation and evidence collection has long regulations in the Civil Procedure Law, and there is no need to explain too much on this issue.
Here, we think that what we need to think about is how to ensure the realization of the right to investigate the right to investigate by themselves. At that time, we suggested to add one to stipulate that "the couple holding an valid certificate such as ID cards, hukou books, and marriage certificate.Apply to the industrial and commercial administrative department, real estate registration agency, vehicle management department, commercial banks, securities companies, insurance companies, etc. to inquire about the property status of the other party. Relevant departments or units should accept and issue relevant written materials. "
In fact, this suggestion has long precedent at the local level. Among the at least five or six prefecture -level cities including Guangzhou, Handan, Jiangmen, Qingdao, Jinan, etc., they have clearly explicitly explicitly combined the husband and wife’s common property and family commonly on the husband and wife.The right to investigate the property is written into the local regulations, and it has been implemented to a certain extent. It has played a positive role in effectively protecting the rights and interests of women’s legitimate property, which is worthy of clarification in national legislation.
对 How to judge and deal with sexual harassment?
Nandu Observation: You also mentioned that sexual harassment is a highly concerned issue of public opinion. At present, many people think that the definition of sexual harassment lacks a unified legal identification standard.List, do you think this can solve this problem?
Lu Xiaoquan: Article 23 of the New "Women’s Security Law" mentioned: "It is forbidden to violate the wishes of women, and implement sexual harassment to it in words, words, images, and physical behavior."The implementation of the implementation does not emphasize the essence of sexual harassment.This clause has been mentioned in Article 1010 of the Civil Code. In the new "Women’s Insurance Law", it is only a "violation of the wishes of others" to "violate the wishes of women", which is a grafting article.
In fact, in the second review draft, there are five specific situations that prohibit the implementation of sexual harassment for women, including: "sexual meaning and sexual implication; inappropriate, unnecessary physical behavior; display or spread of dissemination is obviously obvious.Meaning images, text, information, voice, videos, etc.; Use of power, affiliate relationships, advantageous status, or care responsibility, implies, explicitly explicitly develop private relationships or sexual relationships will obtain some kind of benefits; others should be identified as sexual harassment."
Relatively speaking, the expression of the second review manuscript is more operable and executable, but it was deleted in the draft, and only retains the implementation of sexual harassment. I think it is more regrettable.Regarding the definition of sexual harassment, I personally believe that sexual harassment refers to "violation of others (here specifically referring to women), implementing behaviors related to sexual meanings (hints) or sexual content."There are several core points: violation of women’s wishes (practical use of women is more accurate); sexual meaning or sexual content; only emphasizing the subjective feelings of the victims.
In contrast, only the first point "violated the wishes of women" was reflected in the new "Women’s Security Law", and the latter two points were not adopted.The third point "Consider the subjective willingness of the victim" is my personal support.Usually in sexual harassment, the executor will claim to be joking or a kind of care.
But whether the harassment is intentionally or not, as long as the victim’s subjective feels that he has suffered from sexual meaning (hint) or sexual content, the behavior is sexual harassment.Of course, this concept also needs more refined supporting systems at the implementation level to protect them, so that it can really take root and give full play to its functions.
Nandu Observation: What do you think of the victim’s right to defend the rights in the sexual harassment incident in the workplace?What difficulties will women face the right to sexual harassment?How to solve the problem of difficulty obtaining evidence and high certificates?
Lu Xiaoquan: In the judicial practice of sexual harassment cases, there are five major difficulties in the legal protection of the victims: difficulties in reporting cases, difficulties in cases, difficulty obtaining evidence, difficulty in litigation and compensation.There is no independent sexual harassment case in the public security organs’ filing system.If you call 110 to call the police, it is impossible to file a case on the grounds of sexual harassment.
If it is forced to carry out public security accountability or even criminal accountability, there is obviously a problem. Sexual harassment cases are usually a civil infringement case.Civil infringement cases.
Secondly, sexual harassment cases have the characteristics of privacy and hidden sex, and it is difficult to obtain evidence.In addition, it is difficult to win the case of sexual harassment. In the process of compensation, the material loss caused by sexual harassment, such as medical expenses, transportation expenses, and misunderstanding costs are not high.Wrapped a lifetime.
At the current judicial level, it is rarely given a huge amount of mental damage compensation while judging the victims of the victims.Most cases may be only a few thousand yuan, which is difficult to make up for the psychological injury of the victim.
This is actually related to the system design of our compensation issues.Our compensation system is a compensation system, not punishment.This determines that on the issue of compensation, whether it is the protection of the victims or the deterrent of the victims.
Such sexual harassment problems at the legal level are obvious.First, the state lacks special sexual harassment prevention and control laws.At present, the laws involving sexual harassment only appear in the three laws and regulations of the "Civil Code", "Women’s Rights Protection Law", and "Special Regulations for Women’s Workers’ Labor Protection", and they are relatively scattered, and there are fewer provisions.Secondly, the relevant provisions basically belong to the principle and advocacy, and lack the corresponding legal liability terms of rigidity, so that a comprehensive system design cannot be formed to escort.
Therefore, I think that the prevention and control of sexual harassment will be greatly reduced due to lack of rigid legal liability guarantees.In other words, if there is no corresponding, operable, and executable implementation rules or supporting rules, it is difficult to effectively implement it.
I personally hope that in the future, I can have a special sexual harassment prevention law, at least to clarify the definition, type, constituent elements, prevention and control agencies, evidence and identification, the distribution of proof, relief measures, legal liability and other issues of sexual harassment.
In addition, although the new "Women’s Insurance Law" is a combination of the legal obligations of the employer, in order to ensure the effective implementation of it, it is also necessary to have strong and operable regulations. The ultimate goal is through national legislation.Protecting and promoting the establishment of chapters within relevant enterprises to prevent sexual harassment.
In addition to the improvement of legislative levels, at the level of law enforcement and judicial level, according to the characteristics of sexual harassment privacy and hidden characteristics, distinguish between infringement in the traditional sense, reasonably distribute the responsibility of proof.The "rules of the" proof, all the responsibilities of the proof to the victims, but to truly reflect the spirit and purpose of legal fairness and fairness.
Nandu observation: Can you provide some suggestions for the victims of sexual harassment. What should they do when they encounter such circumstances?
Lu Xiaoquan: Sexual harassment can be divided into workplace sexual harassment and sexual harassment in public places. There are certain differences between the two.
Sexual harassment in public places is usually implemented through direct physical violence.However, there are different sexual harassment in the workplace. The executors usually use the inequality relationship with the victim’s power or special powers, such as teachers and students, doctors, patients, leaders and subordinates, etc., to impose power control, mental control and psychological compulsory psychology of the victims.Methods make the victims dare, cannot, and do not know the resistance, so as to achieve the purpose of sexual harassment or even sexual assault.Here I mainly talk about the prevention and control of sexual harassment in the workplace.
Facing sexual harassment in the workplace, many victims cannot "out" in order to keep a hard -won job, and often choose to swallow.But blind avoidance made them unable to get rid of further harassment from the embodiment, and even the cases that were upgraded to sexual assault were not a small number.How to deal with this situation?I divide it into two aspects: mentality and action.
The first is four mentality.The first manifestation of adjusting the mentality is not to blame yourself.In the case of sexual harassment, it must be condemned and punished by law must be the harassment of the executor. The victim has no fault. This is a basic cognition.
Secondly, we must say no firm and clearly.After encountering sexual harassment, it is necessary to decisively refuse for the first time.If the other party is your superior, you can choose a more euphemistic way, but you must not be half -pushed or silent.From the perspective of protecting themselves, it will undoubtedly give the harassment a wrong signal that it will undoubtedly be considered weak, and then it will intensify.
The way to refuse can be verbal, written, or via SMS, email, WeChat, etc.For example, you can send "when you talk to me in that way or touch me, it makes me feel uncomfortable. Please do not do this anymore. I hope that we can maintain a normal working relationship between us."
Similar to such euphemistically, you can clear your disgust and unacceptable attitude.But in any way, you must retain evidence to prepare for future complaints or litigation.Because from a legal perspective, violating the wishes of the victim is a necessary condition to judge sexual harassment.
The third mentality shows the response of others rationally.When you talk to the people around you when you encounter sexual harassment, your girlfriends, colleagues, and relatives are likely not only to not help you, but blame you and persuade you to compromise.
If you encounter a similar situation, don’t be surprised or disappointed.Because there are many common misunderstandings about sexual harassment in reality, such as "this is just a joke for the leader to give you a joke, there is no big deal, which shows that the leaders are heavy you" and so on.People around may lack basic cognition, or it is difficult to think.But don’t be misleading by yourself. If you deserve it, you must maintain a rational attitude. This is the prerequisite for firm rights protection.
Finally, you must give yourself confidence.When we are no longer afraid, we take a step forward.At this time, the most worried is the executor of sexual harassment, because it is to face the corresponding punishment.In such a similar game, we must stand up bravely and even form a demonstration effect, driving the people around them to act as an example, thereby stopping the performers’ sexual harassment for more women in the future.
Regarding action, I divide it into eight major actions.
First, choose a way to tell out, do not digest itself inside.Otherwise, when you go back at midnight, you will be surprised that you can’t get through the threshold in your heart.
Therefore, when sexual harassment occurs, we must tell the things that I have believed in the believers and friends who have believed in the first time, including dialing the public welfare hotline. Do not underestimate the value of these experiences. On the one handThe support of relatives and friends is evidence of complaints or prosecution in the future.
Second, to obtain evidence in time and save all evidence.I personally emphasize that the prerequisites and foundations of effective legal rights must be evidence.Of course, the evidence collection of sexual harassment cases also exists objectively, especially in the workplace sexual harassment in the relationship between power inequality.But this is not absolute, the evidence is actually hidden in the details:
First of all, we need to record the time, place and passage of the sex harassment incident in detail, and contain accurate details as much as possible, such as the way to write a diary. Although it cannot be directly identified as sexual harassment as a solitary certificate, it is important in the entire evidence chain chainOne ring.
Secondly, use the recording video tools to obtain evidence according to the situation.The first time may not be able to obtain evidence because there is no preparation, but after the other party calls you over, you can secretly recording or video. In the process, you must leave traces, otherwise the other party may be threatened by the other party.If the other party is sexual harassment implemented through mobile phone SMS, WeChat and other electronic devices, then these chat records must not be deleted. These evidences are easy to retain, and notarized if necessary.
Third, go to the hospital for examination and decide whether to receive relevant psychological counseling and treatment according to the specific situation.In this process, preserving a medical diagnosis certificate, such evidence is usually more consistent in terms of time.
Fourth, the unit is required to assist in retracting relevant evidence, including monitoring videos, witness testimony, and assisting the police.The legal obligations of the prevention and stop sexual harassment of the employer in the new "Women’s Security Law" have clearly stipulated that the rules and regulations must be improved within their internal and special complaints.
Fifth, call the 110 police in a timely manner, let the police arrive at the scene as soon as possible and investigate, collect relevant evidence, and check the body of the victim and the victim. This is an important evidence that proves that it violates his own wishes.If the victim girls are scratched, scratched, and injured in the implementation of sexual harassment, the victims will be easily fixed in the police’s physical examination, thereby confirming each other with the victim’s statement.
Sixth, the chat records of the two parties before and after the incident, and the chat records with relatives and friends, the traffic records or monitoring records of the incident, and the records of the two parties communicated, the complaints for help, and the medical treatment.component.For example, the executor drunk the victim and perform sexual assault in the hotel, then a series of monitoring videos such as the hotel door, lobby, elevator, corridor, etc., can be put together before and after the incident, including the body language, facial expressions, whether the facial expression, whether the facial expression, whether it is neededSupporting, etc., can reflect whether to violate the wishes of the woman.
The above, by digging more evidence, thereby forming a relatively complete evidence chain in terms of time and space, which proves that he has suffered sexual harassment from the gist.
Remember not to form a solitary certificate, only the parties’ statement must not be recognized.If you cannot obtain evidence by yourself for objective reasons, you can provide relevant clues to the public security organs or courts and apply for relevant functional departments to retrieve it.
The third performance of proper action is to ask for help from the Internet or social media.Note here that there are often people who often report on the Internet on their own experience of sexual harassment. We admire the courage of the victims, but this behavior may not be all desirable. We must pay attention to grasping.There have been cases that have been charged by the other party and were sentenced to losing the case due to the real -name allegations of the network.
Therefore, it is necessary to ensure that your real -name allegations in the Internet are objective statements, do not exaggerate publicity, and related factual allegations, it is best to be based on the support of the corresponding evidence.Lose.Otherwise, if the other party is in turn, the accused must be liable for civil reputation infringement, and the criminal legal liabilities such as defamation crimes and framing crimes may be assumed.
Specifically, according to the sufficientness of the evidence held by the victim, we must decide to adopt the method of online exposure.If there is sufficient evidence, as long as you make sure that the truth is stately, no exaggeration is made, and there is no problem with real -name allegations.If you have very few direct evidence, there are some indirect evidence but not sufficient, you must hold a relatively cautious attitude at this time.For example, in the allegations, appropriate technical processing can be appropriately processed by information such as the real name of the other party, the unit and identity, etc., do not reflect the obvious directionality, and avoid being grasped by the handle.
However, if there is no direct evidence, there are few indirect evidence. I think this situation cannot form an effective legal rights protection.At this time, we must try to avoid real -name allegations on the Internet, otherwise once the other party is counterclaimed, the possibility of losing the lawsuit is very high.You can choose to talk about stories to soothe your emotions and strive for the resonance and support of netizens.
The fourth manifestation, prove your work as much as possible, and avoid violations of laws and discipline.In the workplace sexual harassment, once the implementation is not harassed, it is likely to start from the work and forge the retaliation of unsuccessful evidence, intentionally not promoted or even fired.
Therefore, it is necessary to retain the written evaluation and appraisal evidence of the work unit’s work ability and grades, and all materials that can be proven, including awards, certificates, and so on.During the job, we must pay special attention to complying with laws and regulations, and unit rules and regulations to avoid punishment or even fired.It is best not to send emails or messages in the unit’s public network, which may be expelled by the unit on the grounds of disturbing the normal working order.
The fifth manifestation uses the internal complaint mechanism of the unit to complain.Organize the harassment into written materials in a timely manner, attach relevant evidence, reflect the complaints to the personnel department, trade union, and even management of the unit, requesting relevant penalties for harassors, and even expelled from the department and even expelled.
The sixth performance reports the case to the public security organs in a timely manner.The sexual harassment is invaded by the victim’s personal rights. By calling the alarm call for help, it is required to give punishment to the harassment, including law and order detention, fines, etc. If the circumstances are serious, the public security organs can also ask the public security organsSpeed a civil lawsuit.
The seventh manifestation can complain to related social organizations such as the Women’s Federation.If the internal complaints are not effective, they can complain to the Women’s Federation, Trade Union, Legal Aid Center and other organizations in writing, or ask private public welfare legal aid institutions such as Qianqian Law Firm to help coordinate or prosecute.If a written record requests the Central Court requests, we will also issue reception or rescue records in the form of the official seal of the law firm as one of the evidence chain of sexual harassment.
The eighth performance directly sued the court.Under the premise of grasping the evidence of sexual harassment, the people’s courts were directly on the grounds that the dispute over the liability of sexual harassment damage was filed with civil infringement lawsuits, asking the other party to bear the relevant legal liabilities including stopping infringement, apology, and compensation.
Nandu Observation: The newly revised "Women’s Security Law" also emphasizes the rules and regulations for preventing and stopping sexual harassment for employers.Previous studies have shown that employers have a low victory rate of incidental incidents on the grounds of employee sexual harassment. What are the reasons behind this?
Lu Xiaoquan: At the legal level, it may be due to incomplete law in the past.However, the new "Women’s Insurance Law" has supplemented this, stipulating that employers have the legal obligations of preventing and stopping sexual harassment, thereby providing the legal basis at the national level. This issue believes that it should improve in the future.
From the perspective of the improvement of the employer system, the employer may be expelled from the executor on the grounds of sexual harassment, and it may become a labor dispute on the grounds that the implementation of the labor contract may be unilaterally terminated.
According to the Labor Law and the Labor Contract Law and other laws, the responsibility of proof on the employer must have sufficient evidence to prove that the dismissal complies with the law.If it is not sufficient, of course, it will be determined to be unilateral illegal.However, if the evidence is sufficient and the internal rules and regulations have sexual harassment (and are activated), the unit may be exempt.Therefore, the core is still whether the internal rules and regulations of the unit are established and truly effective.
视 The diversified manifestation of gender discrimination in the workplace
Nandu Observation: It is often seen that men and nurse are very scarce and are very sought -after during the recruitment.In the positions of women’s a majority, do men priority to find men to find gender balance constitute discrimination?
Lu Xiaoquan: On the surface, it makes sense, but I can’t stand at all.First of all, there are actually dual standards.Change it to ask, do we relax the criteria for hiring for women in the dominant positions of men?For example, military, national defense, public safety, navigation, civil engineering, etc. These majors or positions rarely choose women to balance gender proportions because of too many men.
If the problem of dual standards is not solved, it is only unilaterally required women to concessions, which is obviously a naked discrimination against women.
Secondly, if in order to ensure gender diversity, it is necessary to demonstrate the legitimacy of men priority, and a full investigation and scientific research must be conducted to support this point.And the result of diversity must be beneficial to women, not exclusion or harm, otherwise it is improper.
Preschool education, nurses and other positions should be professional ability, which should not be related to gender.I do not exclude men’s participation, but if you deliberately use the gender ratio, without considering the professional level of men, the result must be uncomfortable to women.
Finally, why do we form women’s positions suitable for early childhood education and nurses, and men are suitable for military, defense, and navigation aerospace, the root cause is caused by our traditional education method.In fact, women have also emerged in these industries with a large number of outstanding talents, which is no worse than men, such as Liu Yang and Wang Yaping.However, the education we have received from a young age is that men should be brave and strong, bleeding and crying. Women should be gentle and virtuous, the husband and husband, and the diligence and frugality.This is actually a cognition formed in the education of gender prejudice. It is neither reasonable nor right. We should review and correct it.
Nandu observation: Many people think that during the recruitment process, in the face of work positions such as more entertainment, physical work, and frequent business trips, priority can be understood by men. How do you think of this view?
Lu Xiaoquan: Why are these tasks not suitable for women?This is caused by people’s thought of granted.Of course, from a physiological point of view, most women may not have men in terms of physical strength, but if women can meet the recruitment requirements, then it should not be limited to women.
In fact, this expression may also reflect an industry hidden rule.For posts with many entertainment and frequent trips, women are risky in the face of violations.But this is the harm caused by women as a whole, and should not be used as a reason for rejection of hire.In the employment market, we can make reasonable doubts.As long as the employer cannot make a reasonable explanation of the hiring standards, then it constitutes discrimination.
Observation of Nandu: Some time ago, when a enterprise in Jiangxi recruited a clerk, its recruitment conditions indicated the requirements of "the facial features and good body", which caused people to question."Whether this constitutes the gender discrimination in the workplace?
Lu Xiaoquan: It is obviously composed.The work of clerk positions has no necessity with the figure and appearance of women. This not only constitutes discrimination against men, but also discrimination against women with ordinary appearances.According to the current legal and law enforcement practice, the employer shall be punished.
Nandu observation: Yes, from the other level, this may also be the possibility of sexual harassment as sexual resources.The question is that if the employer does not clearly explain during the recruitment process, but during the recruitment process, there are targeted screening to eliminate the resumes of female candidates. What do you think?
Lu Xiaoquan: After the promulgation and implementation of laws and regulations such as the "Employment Promotion Law", "Labor Law", "Labor Contract Methods", "Special Regulations for Women’s Labor Protection" and other laws and regulations, there are basically fewer people who directly explicitly write "only" in the recruitment conditions.Recruiting men "" men’s priority ", because it obviously constitutes discrimination against women.However, discrimination has not disappeared, but has evolved into more hidden and more difficult to find hidden discrimination and indirect discrimination.
Types of discrimination can be divided into direct discrimination and indirect discrimination, hidden discrimination and explicit discrimination.The above behavior is to transform directly discrimination into indirect discrimination and transform sexual discrimination into invisible discrimination.In response to this issue, our laws and regulations must first make clear regulations on related discrimination types, otherwise it will be difficult to correspond to whether it constitutes discrimination.
Direct discrimination can be considered formal and purposeful discrimination, and it is treated with obvious differences.In the same conditions, the treatment of a person or group is significantly lower than the other people or groups. This is open discrimination and the law is clear and strict.
Indirect discrimination is substantial discrimination.Although there is no clear attempt, it will have the effect of discrimination.For example, a regulation or standard seems to be not particularly targeted at anyone, but the result will cause a group to fall into a particularly unfavorable situation, causing facts that they are de facto.
For example, a public office recruitment of archives staff wrote that "more than 172 heights can be raised over the top of the head" in the recruitment briefing.Although the recruitment conditions are the same to men and women, it is clear that few women can meet this standard, so that the recruitment results will be eliminated directly.At the same time, this recruitment condition is not necessarily related to the needs of the position, and there is no way to give a reasonable explanation.
Indirect discrimination is indeed difficult to judge.During the recruitment process, we can judge according to different types of discrimination constituent.Relevant departments retrieve the materials of employers during the entire process of recruitment. The facts and evidence of the entire case should be determined, and the employer must refuse to explain reasonablely.
Nandu Observation: Recently, I saw a news that in order to achieve equality between men and women, the content of the South Korean police unified the test intensity standards of men and women in the physical test. Candidates need to make push -ups in the same posture.This measure caused discussions. Some people believe that the original method of distinction was not only unfair, but also caused controversy of unbelievable female police officers.But some people think that based on physical differences, they should still test separately. What do you think?
Lu Xiaoquan: It is definitely wrong with a knife.The general civil police, or the household registration police have no special requirements for physical strength, and adopting this standard clearly constitutes discrimination against women.
Of course, if it is necessary to frequently the police and high -intensity on the front line, it is relatively reasonable to have special requirements for physical strength.However, it is not possible to ban the addition of a certain group. Anyone who can meet the basic quality requirements of this position should get an opportunity for equality regardless of gender.It is also necessary to consider whether the recruitment standards are needed even if they need to work on the front -line duty, is it too high compared to the actual work strength?
Nandu observed: But in the comment area below this news, many men clapped their hands, saying "Isn’t it pursuing equality? Now I am equal to you, you are satisfied."
Lu Xiaoquan: This is the embodiment of gender discrimination and prejudice under the concept of naked naked men.The equality we are pursuing is neither formal equality nor protective equality, but resulting equality, or substantial equality.The above comments are reflected in a form of equal concept. They believe that men can do, and women should be able to do it. The mistake of this concept is to completely ignore the physiological differences between men and women.The concept of the concept is once again.
Nandu observation: Many companies believe that the comprehensive cost of hiring female employees is significantly higher, which has increased the burden on the business of enterprises. As a "rational person", it is inevitable that there will be concerns.Do you think this statement is reasonable?What are the fundamental measures to solve this dilemma?
Lu Xiaoquan: This statement has a certain rationality, but it must be divided into two levels.First of all, enterprises are not charity, and their pursuit of profits is legitimate.But since it is operating here, it is necessary to pursue reasonable profits under the framework stipulated in the law.It is impossible for any company to survive in society independently. Since it is a member of the society, it is necessary to fulfill social responsibility.
In the second level, the cost of special physiological periods such as female employees married and have children, and the breastfeeding period during pregnancy. In fact, it is completely over the enterprise.The corresponding root problem is that the design of the maternity insurance system is not perfect.
During the maternity vacation, the employer needs to recruit substitutes, and the salary of the substitute needs to be shared by the employer.
The costs of these two aspects are indeed not small.If the overall system design does not solve the reasonable sharing of women’s fertility costs during the special physiological period, then enterprises will certainly be more willing to give priority to hire men.
Therefore, the state should convert from the level of the construction of the legal system, and transform all the current maternity insurance system undertaken by the enterprise into the main body of the state or society, and reduce the cost of the enterprise to the controlled category.
Secondly, on the basis of solving the previous problems, although the regulations of the maternity leave system are different, there is a significant difference in the difference between the duration of male accompanying leave compared to women’s maternity leave compared with maternity leave.
If both men and women can have a relatively fair welfare system in terms of maternity leave, so that enterprises to do work, regardless of whether men and women are recruited, the cost is basically similar, and naturally, they will not deliberately target discriminatory women.
Nandu Observation: In recent years, the phenomenon of "algorithm has promoted the gender discrimination in the workplace" has aroused attention.In the recruitment platform, algorithms are often less than men’s salary for women recommended by women. What do you think of this phenomenon?
Lu Xiaoquan: First of all, the international labor organization related international conventions have equal payments, and on the basis of "equivalent of the same position", it has developed into "equivalent and equivalent compensation".This is a progress. The salary is related to the professional ability of the workers and the occupational literacy, and has nothing to do with gender.
Secondly, where is the basis for algorithm recommendation?Pushing for women’s low salary positions may be the gender discrimination and prejudice under the concept of patriarchal system in our real society, which reflects the algorithm, which is essentially the structure of social structure.The concept of our educational environment for women is suitable for low -tech content and low salary work. It has led women to be on the same running line as men from an early age. The posts and salary benefits that are engaged in adulthood are also significantly different. Is this reasonable?The answer is self -evident.
Nandu Observation: In the Internet, gender opposition between sexes has become increasingly intensified, and even the term "feminism" is stigmatized. Do you think that around this topic, will the two sides of the dispute in the future be more tear?What is the possibility of a social consensus on gender issues?
Lu Xiaoban: I personally think that this topic will not further intensify in the future, at least as a personal vision.
In my opinion, first of all, the network is a double -edged sword.It is undeniable that many people like to deliberately provoke contradictions and opposites on the Internet to get attention.Secondly, the cost of illegal violations is very low, or even zero costs, so the breeding and indulgence of many more extreme remarks.Thirdly, we need to increase the crackdown on network illegal acts, greatly improve their illegal costs, we must regulate operational and executable laws, and strict law enforcement and fair justice, and we must not be mud.Finally, the work of guiding public opinion and missionary work is still long -term.
Many people have received the patriarchal education of traditional men and women from a young age, lack the basic cognition of equality between men and women, and even evolve into a collective unconscious.Therefore, the construction, guidance and mission of gender equality and social gender mainstreamness are not enough, which is rooted.
Only one person’s conceptual understanding changes can its behavior be changed.Of course, this cannot be achieved overnight. It is a long -term struggle.Many responsible subjects including the government, media, experts and scholars, and social organizations should do their own jobs, strive for joint efforts, and work unremitting efforts. Only in this way can it slowly produce effects.
I personally emphasize that the working mechanism of gender equality cause must be a working mechanism led by the government and extensive social forces.It is gratifying that the government has paid increasing attention and attention to this issue in recent years and has done a lot of work.But in the future, we still have a lot of things to do, which requires work together to work together.
