China’s New Anti-Sexual Harassment Law and its Implications on the Protection of Sexual Autonomy
摘要
This article examines Article 1010 of China’s Civil Code, a significant legislative advancement that clarifies what constitutes sexual harassment, establishes civil liability for perpetrators, and imposes specific obligations and potential liability on relevant entities to prevent sexual harassment. Through a socio-cultural and legal lens, this article explores the evolution of female sexual autonomy and anti-sexual harassment laws in China. It argues that Article 1010 represents a significant advancement in anti-sexual harassment law, enhancing the existing regime by integrating regulations into the core civil law and elucidating key elements of the offense. The analysis delves into the improvements introduced by Article 1010, including its impact on judicial decision-making and case outcomes. It also discusses the provision’s broader implications, including its potential to transform societal attitudes, influence organisational practices, and shape future legislative developments in promoting gender equality and combating sexual harassment in China.