职场霸凌的法律责任探讨 - 中国现行法下的挑战与应对 -

Abstract

As an important issue affecting the rights and interests of workers and the workplace environment, workplace bullying faces challenges such as vague definition, difficulty in proving, and insufficient relief under the current legal framework in China. Although some countries have regulated workplace bullying through anti-discrimination laws and labor laws, my country's relevant legislation still lacks systematic norms, resulting in difficulties for victims in seeking legal relief, such as difficulty in collecting evidence and lack of legal basis. Current academic research focuses on the social and psychological impact of workplace bullying, and the discussion at the legal level is still weak. In judicial practice, indirect relief is often required through personality rights or tort liability clauses. This study uses literature analysis, comparative research and case analysis to sort out the theory and practice of workplace bullying legal regulation at home and abroad, revealing the shortcomings of the current legal system in terms of lack of definition, allocation of burden of proof, and the scope of employer responsibility, and proposes countermeasures such as improving the legislative framework, strengthening corporate responsibility, and building a multi-relief mechanism. The study aims to provide theoretical support and practical paths for optimizing the workplace environment and safeguarding the rights and interests of workers, and to promote the improvement of workplace bullying legal regulation and the formation of social consensus.