Foreign Experiences And Lessons On Criminal Liability Exemption Of Collective Labor Dispute

The criminal-liability-exemption system of collective labor dispute, also called criminal immunity.Criminal liability, which means the action satisfies the constitutive requirements of the criminal law but actully is extra-statute reason to hinder the illegality because of business behavior, and laborers have nocriminal responsibility. On theory, according to the different natures of the behavior in violation of the law dispute, the legal responsibility can be divided into three types: civil liability, administrative liability and criminal liability. By author’s reading literatures, about liability exemption of collective labor dispute, the first two is regarded more, namely scholars pay more attention to study the employee behavior of the civil liability and criminal liability.The rules of civil liability and criminal liability are the legal guarantee of the right to dispute.Article twenty-eighth of Japanese constitution stipulates that "the right to safeguard the unity of the workers, collective bargaining and other collective actions." In the United States, the system is from scratch. And at first the government’s attitude leant to capital then later changed for sympathy labor until now to maintain a neutral position;besides the action was defined from conspiracy to crime in common law, finnally innocent act and build this rule,which is related to case law and codified law.However, a part of the actions are defined crime. First, ten criminal cases about strikes are found,only one case’s defendants are judged innocent and others guilty verdict. Second, strikes data collected by China Labour Bulletin, from 2011 to 2015 there were 5375 strikes events, and 371 events’ laborers were arrested. According to the number has been increasing, the arrest of laborers also increased, how to determine the behavior of arrested workers is a problemvery worthy of studying.