性工作者的勞動權益是一個細緻化的工程，除罪化、合法化的難處、法制政策的價值辯證尚待確立，同時須遷就社會、政治及經濟的現實。 在性工作者的認知中，無論是以商品的方式看待交易行為或認其性交易是處境中求生存的選擇，其實與大眾對於職業選擇並無差異。需要被正視的是性工作者的性服務中，其勞動條件包括：待遇、福利、風險、休假、自主權、工作環境、工會組織、資本形式與股份制度、服務規範的缺乏、服務程序的監督等。再進一步地檢視社會價值觀對性工作者的污名化及社會文化，用歧視性工作的手段進行社會控制。 本研究旨在從性工作者的主體觀點訪談中，期望真實反應性工作者的工作處遇及態樣，對於訪談發現進行分析，輔以他國制度比對相較，藉以了解現我國現行實務上不完備的缺口與參照適用的可能。最後於結論部分，針對性工作者身處惡劣勞動環境、面對的勞動情緒與失去的勞動尊嚴提出看法，並對於相關規定政策及性工作者的自主勞動、社會福利提出建議作為未來相關議題研究者之參考。 / When it comes to labor rights of workers who provide direct sexual services, it is the meticulous and painstaking process. Due to difficulties of decriminalization of sex work and of legalizing as well as the value of legal policies is yet to be set up, we often take social-political and economic environments for the practical consideration. As those worker’s understanding, the services they serve are familiar with others, that is, they work like others do as they serve whom need it. However, they do not get the same rights and protection as others, such as labor welfares, labor insurances, labor protection, and rights to union, Furthermore, they are living under the control of stigmatization and discrimination. The main focus of the study is to explore and reveal commercial sex workers' working conditions and status through the interviews . According to the analysis and induction of the data from the interviews, we have compared the differences of sex work policies between Taiwan and other countries so as to find the gap between current practices and applicable policies. In conclusion, we suggest those sex workers who work in bad working condition and suffer misunderstanding, stigmatization and discrimination, the better way to get the decent work. Also we offer some suggestions for the further related study in the future.

none / Shanghai is one of China’s most developed cities; by 2006, the GDP per capita had reached US$7490, with the year-to-year economic growth exceeding 8% every year for the past decade. These results leave everyone impressed. Besides this factor, Shanghai is where the East meets the West, with a truly cosmopolitan cultural milieu. For these very reasons, many young Chinese come to Shanghai in search of their lucky pot of gold. But homosexual male-to-male sexual workers leave their hometowns for the big city, availing themselves of the chance to get rid of their family pressures, and to embrace new lives with their sexual orientation. So why do they instead choose to remain subject to the traditional Chinese way of thinking, being limited by the traditional Confucian precepts, seeing marriage as an absolutely essential element of life? What are the relations between economic development and social mores in terms of China’s male-to-male sexual workers (sex or sexual)? As the economy develops very rapidly, the concept of sexulization has begun to sprout in China, so how can male-to-male sexual workers (sex or sexual) envision themselves in light of these trends? From the traditional views of the subservient master-servant Confucian vertical social relations, to the present circumstance of transforming one’s body into a product for sale, does this help China’s male-to-male sexual workers (sex or sexual)to oppose the constraints of the traditional Confucian views, so that they can, like China’s female prostitutes, begin a quest for their equal human rights? These are among the many questions addressed in this study. Therefore, the primary focus of this study is to understand the working milieu of the male-to-male sex workers (sex or sexual) in Shanghai, China, in appreciation of the background causes for underlying male-to-male sex work (sex or sexual) and perception of the entire process of their experiences. .An in-depth study on these male-to-male sex workers (sex or sexual?) in Shanghai, China, was conducted as to when they left their hometowns, and how they came to grip with their sexual orientation yet had to return to face the issue of forming a traditional family (by marriage). How could someone who has been living in a country and society steeped in patriarchy, go to work as a prostitute for the male? How strong are the forces of internal anxiety and external pressure upon these men’s inner world? These are the core issues this study intends to explore and follow up. After the research motivation for this study was specified and the author became acquainted with these men, one realized that each of these men worked as male-to-male sex workers had within their personal histories, some skeletons which they wish they had left alone in the closet. Their inner worlds are both bitter and complicated. This is also the reason why qualitative analysis was adopted in this study, to possibly penetrate the world of these men’s hearts, and to analyze their individual family backgrounds, living predicaments, interactions with the broader world and social pressures, and other aspects during the interview process. After interviewing with the 15 MB, the author has learned more from examining the circumstances of male-to-male sex workers (sex or sexual) who are willing to engage in the male-to-male sex trade and also willing to held a traditional marriage, from the three perspectives of their sexual orientation, economic status and overall social environment. (A) From the sexual orientation point of view. Among the male-to-male sex workers (sex or sexual) in this study with the exception of one participant who was a heterosexual, the majority of the participants in this interview were all homosexuals staying in the closet. And many of the MBs in the countryside share common formative sexual experiences with other boys, such as sleeping together and masturbation…etc. In the more densely populated countryside where living conditions are relatively poor, it is quite common to see many boys sleeping together in one room, thereby increasing the opportunity for the boys to develop intimate contact. Therefore in light of their formative experiences, the ways they grew up actually contributed to these MB’s acceptance of the male-to-male sex trade. (B) From the economics point of view. All of the research subjects had indicated that the main reason for becoming an MB was to make money. Money became the focal point of these MB’s lifestyles because they had grown up in very poor rural areas and suffered from the pressures of an impoverished environment and unfair society. For recently-graduated students from the rural areas, the education which they have received at great expense is still not comparable with those students graduated from the city. Moreover, China is a social-networking or so-called “guanxi” in Chinese. Rural families often find absolutely no connections to help them find jobs. As a result, graduation spells unemployment. And consequently under great economic pressures, many rural youths go to Shanghai in search of their fortunes. However as they run into brick walls and run out of resources, selling their bodies becomes an easy way to increasing their wealth and a means of survival. (C) From the social environment point of view. Chinese people have stepped away from communism due to the development of capitalism. The emergence of the commodity economy society enables people to pursue a material life and leave virtues of contented living behind. Now with the formation of a capitalist society, wealth has become one of the standard measures for things. The impact of the worship for mammon on Chinese people now results in people using the amount of money as a criterion for interaction. Such a society gradually develops a positive attitude towards prostitution. Sensations, attitudes and affinity distance are all determined by the amount of wealth. Prostitution becomes a means of pursuing money. According to the results from this study, respondents indicated that they have agreed that the sale of body is a tool or method for making money, and have repeatedly emphasized that money is the main factor of becoming MBs. Instead, sex trade was triggered by socio-economic oppression and self-expectations or expectation in sudden success (Structural tension theory, Merton). Furthermore, due to unequal social opportunities, for examples, most of the MBs have not attained good schools; neither does their family have good social relations, which results in a consistent and normal behavior of prostitution among the MBs. For this reason, MBs are in need of social and public concern, while nonetheless such efforts cannot be completed through a group. The society should subvert its current social standards and the value classification, evaluate human values and needs with an attitude of non-judgmental awareness, and seriously look into each individual and his or her work. By understanding and helping those people in need, consequently we will develop a happy world in prosperity.

社會秩序維護法第80條之規定，是我國目前性交易管制政策之法源依據，該條文係採原則禁止、例外許可之管制原則。然就憲法保障人權之基本精神而言，性交易開放與否關係著憲法保障人民之工作權、生存權、性自主權及隱私權等。本文將從憲法保障人權的角度出發，以各號有關於工作權、性自主權、隱私權等大法官解釋，檢視當下我國社會秩序維護法對於性交易之管制是否符合時宜，是否有侵犯人權及違反比例原則之虞。 在論文章節安排部份，第貳章除了蒐集相關文獻外，另以大法官釋字第666號解釋為主軸，結合各學者的看法及其他大法官協同意見，進一步對解釋文做說明。之後再針對釋憲及修法前後警察機關對於性交易案件之取締方式及外國性交易管制政策做比較，分析評估性交易合法化是否有違社會善良風俗，社會善良風俗的定義是否一成不變；第叁章部分則依研究目的、研究問題及研究倫理擬定訪談大綱，並律定訪談過程及對象；第肆章部份則以親自訪談方式，針對性工作者及基層實務警察人員進行訪談，請受訪者對於當下性交易管制政策，分別就工作特性、執法取締、人權保障及其他建議等四部分提出看法；第伍章結論部分，除了提出本研究之發現外，並評估開放性交易之可行性及對我國當下性交易管制政策提出修法的建議。 從事性交易之性工作者，大多數為面臨龐大經濟壓力的弱勢婦女，法令的禁止只會迫使她們淪為制度性剝削的受害者。我國政府針對性交易行為，應擬定適宜的管制政策，以有效的管理政策替代執法取締，如此一來，才能體現我國憲法保障人權之基本精神。 / Our regulations on sexual trade is based on Social Order Maintenance Act (abbreviated to SOMA), which adopts the principle of what in main provisions are prohibited yet the exceptional causes are permitted. Regarding the Constitution of R.O.C on citizen rights , such as work, sexual autonomy, and privacy, however, such ideas above are all referred to whether the permission of sexual trade is OK or NOT. We will look into some regulations of sexual trade, via bits of Grand justice interpretations, to determine if SOMA would be appropriate now days and if it would defy the principle of proportionality and human rights, from the aspect of the Constitution that ought to secure Human rights. Besides collecting related materials, we will further explain the No.666 Grand justice interpretation by combining some scholars’ researches and opinions and some Concurring opinions, and that would be demonstrated on Chapter 2. Secondly, we’ll analyze whether the legalization of sexual trade would be against the social convention, or whether the definition of public order and good morals is permanent. On chapter 3, we’ll establish the main structure and distinguish those who necessarily receive our interview in line up with the cause, problems and ethics of researching. On Chapter 4, we’ll interview the police officers and sexual traders in person to absorb their opinions on by-then regulations, clampdown, human rights of sexual trade and their recommendations. In the final part of the essay, in addition to proposing our discoveries, we will put forward our suggestions on the revision of by-then sexual trade regulations and evaluate the possibilities of validation of sexual trade. Those who feed on sexual trade mostly are afflicted from enormous economic pressure and the ban on sexual trade of regulations make them institutionally deprived. In order to exert the spirit of the Constitution that ought to secure human rights, we advise the government need to enact appropriate laws and rules focusing on sexual trade behavior to effectively replace the clampdown.

本研究旨在探討年輕女性工作者的生涯阻隔、生涯動機和因應策略之關係。以台北地區25至34歲的年輕女性工作者為研究對象，以立意方式取樣，正式施測後共得326份有效問卷，使用的研究工具為「生涯阻隔因素量表」、「生涯動機量表」和「因應策略量表」，所得資料以描述統計、獨立樣本t考驗、單因子變異數分析、二因子多變量變異數分析及典型相關分析等統計方法進行處理。 本研究的主要發現為：第一，年輕女性工作者的生涯阻隔偏低，生涯動機偏高，較常採取問題解決和邏輯思考的因應策略，而較少採情緒逃離策略。第二，不同年齡、職業類型、總工作年資和婚姻狀況等背景變項的年輕女性工作者，在生涯阻隔、生涯動機與因應策略上達顯著差異，其中尤以職業類型最為顯著。第三，生涯阻隔高的年輕女性工作者較會採取情緒逃離策略，生涯動機高的年輕女性工作者則較會採取各種因應策略，而不同的生涯阻隔和生涯動機在情緒逃離策略上有交互作用效果。第四，生涯復原力和生涯洞察力愈高的年輕女性工作者，愈會採取正向因應策略，其中尤以企業型年輕女性工作者更為明顯；而事務型的年輕女性工作者總工作年資愈長，即使個人條件的阻隔較高，若擁有較大的外在支持，也較會採取正向因應策略。 最後，根據研究發現提出對年輕女性工作者、女性生涯諮商工作，以及未來相關研究之建議。 / The purpose of this study was to investigate the relationships among career barriers, career motivation and coping strategies of young female employees. By using the purposes sampling, there are 326 young female employees from 25 to 34 years old sampled in Taipei. The measure instruments include Career Barriers Inventory, Career Motivation Inventory and Coping Strategies Inventory. Data obtained were analyzed by descriptive statistics, t-test, one-way ANOVA, two-way MANOVA and canonical correlation. The major findings are as follows：first, young female employees had low career barriers and high career motivation, and they were more likely to use problem-solving and logic-thinking coping strategies. Second, young female employees with different age, total working years, occupational type and marriage situation were different in career barriers, career motivation and coping strategies, especially the occupational type. Third, young female employees with high career barriers were more likely to use emotion-escape coping strategies, and young female employees with high career motivation were more likely to use all kinds of coping strategies. There were interaction effect on emotion-escape coping strategies with different career barriers and career motivation. Fourth, young female employees with high career resilience and career insight were more likely to use positive coping strategies, especially enterprising young female employees. Conventional young female employees with long total working years, high barriers on individual conditions and good external support, they were more likely to use positive coping strategies. According to the findings, implications and suggestions for young female employees, career counseling for women and future researches were provided.