职场性骚扰用人单位责任形态认定
Workplace Sexual Harassment Employer Responsibility Form Identification

近年来，在我国司法实践中出现不少性骚扰相关案例，而这种侵权行为在具有权利从属关系的工作场所尤为明显。性骚扰行为人向受害者承担直接侵权责任是毋庸置疑的。那作为对工作场所具有管理权控制权的用人单位应承担何种责任，本文得出的结论是在职场性骚扰中用人单位不应承担替代责任、不应承担连带责任，应承担防止性骚扰行为责任。
In recent years, there have been many cases related to sexual harassment in China’s judicial practice, and this kind of infringement is especially obvious in the workplace with a right dependency relationship. There is no doubt that the perpetrator of sexual harassment bears direct tort liability to the victim. What responsibility should the employer, which has the management right and control over the workplace, bear? The conclusion of this paper is that the employer should not bear the vicarious responsibility, should not bear the joint responsibility, and should bear the responsibility to prevent sexual harassment in the workplace.