法学外文翻译一.doc

法学外文翻译 温州 姜 原文一： Copyright I 2004 Washington Washington CRIMINAL LIABILITY FOR LABOR SAFETY VIOLATIONS IN THE PEOPLE’S REPUBLIC OF CHINA NAME: John Balzano SUMMARY: ... China’s workers have fallen on hard times. ... One scholar comments that China’s 1994 Labor Law seems to reflect warmer feelings on the part of the Chinese government with regard to civil liability in the context of labor and employment law. ... The tools that one needs to analyze how the criminal law can be used to punish labor safety violations are simply to understand the general provisions of the criminal law on dolus specialis (mens rea), the concept of criminal liability for a corporation or other legal entity, and the actus reus for the specific crimes. ... What emerges from these provisions as cited above is that when a safety accident (1) occurs, (2) results in death, injury, or severe consequences, (3) is due to violations that had already been pointed out by the authorities or the employees of the corporation, and (4) is severe, then criminal liability shall attach for those personnel who are directly (zhijie) responsible for its occurrence. ... In the end, success may depend on the theory chosen, and the willingness of the procurator and judge to allow a negligence theory in a labor safety violation case. ... KEYWORDS: criminal Liability labor safety violations TEXT: Introduction China’s workers have fallen on hard times. In the Peoples Republic of China’s (PRC’s) new socialist market economy State-owned enterprises, which currently employ about sixty percent of the urban population, have been forced to lay off workers to compete with the emerging private sector and international conglomerates. China scholars have recently devoted much attention to the sad state of Chinese workers, telling tales of inefficient social insurance and rampant unemployment. Some scholars have found it almost impossible to count the numbers of urban unemployed in the world’s most populous nation. Moreo