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