On the other side of the law: Circumstances and emotions

Author: Zhu Weiyi
Author Country: China
Publisher:
Publish Date: 2004-06-01
Features: This is a collection of essays on law and the rule of law. "Listening to Chu's language, weary of barbaric songs. How many past events do you know?" Although the author wanted to write humanistic essays, staying away from law and the rule of law, law is still a hot topic today. This is also what the author wants to express as "plots and complexes."
Author's Self-Introduction: Zhu Weiyi, a lawyer, was born in Suzhou and graduated from Nanjing University and Columbia University in the United States, earning a Bachelor's degree in English and American Literature and a Doctorate in Law. He has worked at Nanjing University, the Legal Department of the Ministry of Foreign Affairs, the Permanent Mission of China to the United Nations in New York, the United Nations Industrial Development Organization in Vienna, and Beijing Houtian Law Firm. He has written books such as "Analysis of Classic American Cases," "Analysis of American Corporate Law Cases," "Analysis of American Securities Law Cases," "A Sword of Frost?—Two Practices of Securities Law," "Guarding Rationality and Romance," and "Walking Through Law."
Excerpt: Sexual Harassment and Dirty Jokes The United Nations is a good organization, specifically designed to provide free shipping boxes for employees traveling. The United Nations also has remarkable aspects—I discovered that the warehouse office of the United Nations shipping facility in Vienna was covered with naked photos of beautiful women. It appeared to be the personal hobby of the warehouse keeper. Clearly, posting naked photos did not violate the United Nations' rules, at least no one was surprised or criticized. However, this was in Vienna, a branch of the United Nations. If it were in the headquarters of the United Nations in New York, no one would dare to be so bold. The atmosphere in New York is different, and the microclimate within the United Nations is naturally different. The U.S. courts have had precedents stating that male colleagues posting obscene pictures and making lewd remarks in the workplace constitutes harassment of female colleagues. In the United Nations headquarters, there was once a U.S. female staff member who filed a sexual harassment complaint against her supervisor and insisted on her claim, causing chaos within the United Nations and leaving the Secretary-General in a difficult position. In the end, the Secretary-General had to agree and pay $200,000 to settle the matter with this "Sun Wukong."
In Austria, it's different. Along the Danube in Vienna, there are nude bathhouses, and advertisements of half-naked women are posted all over the city, including near residential areas. However, these advertisements are considered works of art due to their exquisite design and color, making them a form of culture. Therefore, the nude photos in the United Nations warehouse in Vienna are not obscene but likely works of art.
However, there are deep reasons behind the different attitudes toward sexual harassment in the U.S. and Europe. Many European countries have strong labor unions behind their ordinary staff, making it difficult for supervisors to take advantage of their power over subordinates. In the U.S., labor unions have been brutally suppressed by the bourgeoisie and can only maintain a foothold in a few industries such as automotive manufacturing and trucking. Many leaders are tyrannical and act like small dictators. Ordinary staff must resort to lawsuits to defend themselves against employers. The reasons for the lawsuits are varied—racial discrimination, age discrimination, or gender discrimination (under U.S. law, gender discrimination includes sexual harassment). Sexual harassment primarily manifests in two forms: supervisors harassing subordinates and colleagues harassing each other. Dirty jokes can also take both forms, but the latter is more common. One-on-one harassment is often done behind closed doors, in a private world. There is limited scientific research on this topic, so it's not advisable to make hasty judgments. However, most people have encountered dirty jokes.
You might say that telling dirty jokes is sexual harassment, but many people don't see it that way. To them, dirty jokes reflect the unique wit, humor, and charm of men, showing the greatest care and protection for women. Dirty jokes are also used to demonstrate political acumen. Telling dirty jokes can showcase a man's boldness, strength, and gentlemanly demeanor. They can also highlight the speaker's cleverness and bravery. In short, dirty jokes can convey too much.
For a long time, harassing women was treated as a crime under the category of (lǐumáng zuì), which falls under the scope of criminal offenses and administrative penalties. Victims found it difficult to fight back legally. Additionally, was not suitable for applying to dirty jokes, as most people who tell them are respectable and often white-collar workers.
The Chinese courts' handling of sexual harassment lawsuits is truly a remarkable progress. Regardless of whether the plaintiff wins or loses, it serves as a significant deterrent to the defendant or potential defendant. Telling dirty jokes can also be considered sexual harassment, at least as evidence. Moreover, in sexual harassment lawsuits, the defendant's employer should be allowed to be sued as a co-defendant. This is crucial. Employer defendants are generally wealthier than individual defendants. If the individual defendant is a white-collar worker, it's better. But if the individual defendant is a (lǐumáng) or a group ofs, even if the plaintiff wins, the defendant may not have the means to compensate the plaintiff, making the plaintiff's efforts in vain. The essence of civil litigation is monetary compensation, using it to regulate people's behavior. Without money, what's the point of a sexual harassment lawsuit? Employer defendants, however, have the financial resources to compensate the plaintiff for emotional distress. Furthermore, employers have a responsibility to combat misconduct and ensure their workplaces are free from sexual harassment, creating a cool and safe environment. If they fail to do so, legally speaking, they are negligent and should compensate the plaintiff, potentially with substantial damages, serving as a warning to others.
"The new woman is an awakened working class." Social progress is always closely linked to women's liberation and gender equality. The Xinhai Revolution had many shortcomings, but it cut off men's long hair and freed women's bound feet. We can certainly eliminate sexual harassment, at least dirty jokes, and Chinese men will surely find the best way to express themselves.