强迫劳动国际规制的路径演进与中国因应

Evolutionary Pathways of International Regulation on Forced Labor and China's Responses

摘要:

强迫劳动作为侵犯劳动者基本自由的违法行为被国际社会所公认。在强迫劳动的国际规制过程中，国际组织对强迫劳动的制约未起到良好的效果，发达国家转而以单边及区域路径实施强迫劳动的国际规制。发达国家的路径因其具有较强的执行力在客观上起到了重塑强迫劳动国际规制的效果。然而，此种规制路径在实践过程中造成了对国际规则的模糊解读与规制措施的政治化适用等困境。在三种路径并存的状态下中国宜采取不同的应对措施。在单边规制层面，中国宜加强企业的尽职调查建设；在区域规制层面，中国宜在区域贸易协定谈判过程中对强迫劳动条款进行细致分析；在多边规制层面，中国宜加强政府及企业与国际组织的合作，保障强迫劳动国际规制体系的有效运行。

Abstract:

Forced labor is recognized by the international community as an illegal act that violates the basic freedoms of workers. In the process of international regulation of forced labor, international organizations have not achieved good results in restricting forced labor. Developed countries have turned to unilateral and regional approaches to implement international regulation of forced labor. The path adopted by developed countries has objectively had the effect of reshaping the international regulation of forced labor because of its strong enforcement power. However, in practice, this regulatory approach has caused difficulties such as vague interpretation of international rules and politicized application of regulatory measures. In a situation where the three paths coexist, China should adopt different response measures. At the level of unilateral regulation, China should strengthen the due diligence of enterprises; at the level of regional regulation, China should conduct detailed analysis of forced labor clauses during the negotiation process of regional trade agreements; at the level of multilateral regulation, China should strengthen the cooperation between the government and enterprises and international organizations to ensure the effective operation of the international regulatory system on forced labor.