Research on Criminal Laws and the Regulations of Labor Conflicts in P.R. China

Junheng Jin

doi:10.47297/wspchrmWSP2040-800507.20231402

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Research on Criminal Laws and the Regulations of Labor Conflicts in P.R. China

Volume 14, Issue 2

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Research on Criminal Laws and the Regulations of Labor Conflicts in P.R. China
College of Criminal Justice, Zhongnan University of Economics and Law, Wuhan Hubei 430000, P.R.China
Vol. 14, Issue 2, Pages: 101-111(2023)
Published： 30 December 2023 ，
DOI：10.47297/wspchrmWSP2040-800507.20231402

Full txt

Jin Junheng.Research on Criminal Laws and the Regulations of Labor Conflicts in P.R. China[J].Journal of Chinese Human Resources Management,2023,14(02):101-111.
DOI：

Jin Junheng.Research on Criminal Laws and the Regulations of Labor Conflicts in P.R. China[J].Journal of Chinese Human Resources Management,2023,14(02):101-111. DOI： 10.47297/wspchrmWSP2040-800507.20231402.

摘要

Abstract

With the aggravation of labor conflicts

some of the problems faced by labor-management relations can no longer be regulated by civil or administrative laws

but may exceed the boundaries of criminal law

which provides more possibilities for the regulation of human-capital relations. This is a manifestation of the expansion of the function of criminal law protection in the field of labor

but the modesty of criminal law also requires prudent punishment

decriminalization and restriction of the criminal circle. To understand this contradiction in China

we should grasp the roots of its particularities. On the one hand

it is based on the substantial inequality of the economic status of labor relations; while on the other hand

it also raised the necessity for the protection of labor interests. These particularities determine the basic directions of labor criminal law in the future

that is to say

crimes committed by workers should be decriminalized and lightly punished; crimes committed by employers should be moderately criminalized and heavily punished; and collective labor conflicts should be decriminalized and lightly punished.

关键词

Keywords

Labor conflictsLabor relationsDecriminalization.

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