| Forced labor is always connected with exploitation and is antipathetic to socialism however more and more events in which forced labor involved are disclosed these years. In fact we have stipulated legal liabilities to forced labor since 1994 in Labor Law, after that serious forced labor is deemed to be a criminal. All these show our strong will to stop and abolish forced labor.Nevertheless we are still condemned by international society for forced labor in the system such as rehabilitation through labor and reform through labor. While we do not consider that there are forced labor involved in these system. Why does it happened? There must be some difference of the standard of forced labor between the international society and us.The standard of forced labor in international society are constituted by a series of convention, recommendation and protocols. Among them the Forced Labor Convention,1930 (No. 29) and the Abolition of Forced Labor convention, 1957 (No. 105) which are adopted by ILO are of the most importance. Both of the conventions defined forced labor as work or service extracted under menace of punishment unless they are justified by legal or moral reasons. Although the forced labor standard of our country, which is stated in the Labor, Law shares certain common characters with that of international society, the difference is obviously. The forms of labor we classified as forced labor are typical ones and also condemned by international society. There are three main characters of the international forced labor standard. First, all human beings may be involved in forced labor and all entity including nation and state may conduct forced labor. Second, forced labor may happen in all works and services. Third, forced labor may occurred under any kinds of punishments. However our forced labor stipulated in Labor Law is confined within the scope of Labor Law where forced labor can only be forbidden when the employer use force, threat and illegally restriction of works' personal liberty. The essential part of the different forced labor standard lies in the different understanding of the nature of forced labor. International society believes that not to be forced to work is one of human rights while our country consider it to be one of concrete labor rights. There are many factors that lead us to have different standard with international sociality. The influence and affects from history, socialism economic and distribution system as well as morality form a background of human right idea and concept which are different from western society.For example, we had long forced labor history. Under thousands of years long centralization system, people's claims for basic rights were oppressed. Obedience and obligation were overwhelming. Therefore rights esp. work right was not major concern of the people. Also, socialistic planning economic system and the system of distribution according to work abolished unemployment on one hand, freedom of work on the other hand. According to our constitution, work is not only a right but also a duty. Our country also encourage citizen to conduct compulsory work. Different understanding about the labor right and duty, together socialism morality contributes to the forming of our forced labor standard. Compare with international standard. There are many people under different types of forced labor. For example, most of migrant workers are under forced labor. White collar workers may also be forced to work. Reform through forced labor and rehabilitate through forced labor as well as domestic workers, etc. all these conflict with our rule of law policy and breach the principle of service for the people. Therefore , it is necessary to introduce international forced labor standard into china. What's more, we have to introduce such standard into China because it has become one of the duties according to international law.In our country, to abolish forced labor measures must be taken both in the areas of enforcing law and making new laws... |
PDF Full Text Request