Proposed to amend the "criminal law" the 244th regulation, to combat natural force others to work behavior

Shanxi brick kiln owners and contractors in the case have been arrested, the next step is to restrain by law they. In a variety of crimes they alleged, but the main, the worst of them all -- forced labor, but not on the basis of "criminal law" provisions, shall be investigated for criminal responsibility in kiln owners and contractors. Therefore, I wrote a letter (has been sent to the Standing Committee of the NPC Standing Committee of National People's Congress), proposed after modification of "criminal law", will be the subject of the crime prescribed in article 244th, instead of the general subject, so in the future to punish this kind of be utterly devoid of conscience person, legal basis.

Proposed to amend the "criminal law" article244Provisions, to fight against the natural force others to work behavior

The Standing Committee of the npc:

I am a citizen of the people's Republic of China, now the city of Beijing Yitong law firm, is a practicing lawyer.

Exposed brick kilns in Shanxi after the incident, the black brick kiln owners forced labor of migrant workers, migrant workers beaten death, injury of evil, aroused indignation of the masses, and are condemned by the whole society. Black brick kiln behavior, has been suspected of intentional injury, forced labor, child labor in critical labor, illegal operation, illegal detention, buying abducted children to buy a variety of crime, the law will be severely punished.

But, I seriously study the "criminal law" 244th stipulation, but found not be black brick kiln criminal responsibility of migrant workers labor force.

In accordance with the "criminal law" article 244th, the crime of forced labor, is refers to the employing unit violates labor laws and regulations, forcing workers to labor by restricting personal freedom, if the circumstances are serious behavior. This crime belongs to the unit crime, the crime is the main employer.

In accordance with the "criminal law" article thirtieth, unit crime of "unit", refers to a company, enterprise, institution, organization, group. As can be seen, in a unit crime "unit", must be legally established, if the unit is not legally established, it does not constitute a crime, still belongs to the natural person crime.

Shanxi black brick kiln, because it is personal and private run, nature is not a state-owned enterprises, private enterprises. The black brick kilns, and does not belong to the individual economic organizations. Because in accordance with the original national labor department "on the implementation of people's Republic of China Labor Law > opinions on several problems of" interpretation ", individual economic organizations" refers to the general workers under seven individual industrial and commercial households. While the individual industrial and commercial households, refers to the citizens within the scope permitted by law, it shall be approved for registration, engaged in industrial and commercial operation, only for individual industrial and commercial households.

Shanxi black brick kiln, without the approval of relevant departments, and illegal. Therefore, the black brick kiln forced migrant workers labor, individual behavior belongs to the owners, in accordance with the provisions of "criminal law" article thirtieth, article 244th, natural forcing others to work behavior, does not constitute the crime of forced labor.

"Criminal law" would be such a crime is stipulated as a crime, this has to say is a loophole in legislation. Amended in 1997, "criminal law", perhaps only considered the "employer" forcing workers to labor problems, while ignoring the natural person will also implement the forced labor of others behavior.

After the reform and opening up, more and more farmers go out to work, but because they are not high culture, also does not have what skill, some people can not enter the legal units to work for a living, but to enter the illegal "factory" labor, once Shanxi black brick kiln as the inhumanity of the boss, they not only to get any compensation, just even the basic human rights lost.

The relevant departments of the regulation is not in place, illegal factories individual privately established still exist space. If the natural force others to work behavior, the criminal law can not be punished, the legitimate rights of workers will be difficult to be guaranteed, but also to indulge the natural force others to work in bad behavior.

Black brick kiln to migrant workers as "slaves", forcing them to work for their own profit, and the circumstances are extremely harsh, but the law shall be investigated for criminal responsibility not black brick kiln, the legislation on the "loophole" shall be filled.

Therefore, I suggest to the Standing Committee of National People's Congress, after modifying the "criminal law", the 244th "in the crime of forced labor" the subject of the crime, to the general subject, the provisions of the "employer" to "people are". So whether the units of the forced labor or personal behavior, the implementation of force others to work behavior, can be investigated for criminal responsibility according to law.

Forcing workers to work, not only bring harm to the health of the workers, but also cause serious damage to the spirit, and forced labor also limits the freedom of person. Therefore, this kind of crime has brought social harmful is not small. I think the "punishment" the provisions of article 244th of criminal law is not enough, should also increase the punishment.

The above proposal is appropriate, please consider!

Yours sincerely

Recommendations: Beijing Yitong law firm Liu Xiao Yuan

June 18, 2007

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