案例摘要:中国建设银行诉讼案 (有关一被解聘员工)

Photo by Lance Joseph Lambach

For an English-language version of this case profile, please click here.

2009 年10月,刘博山(音)将其曾经供职的中国建设银行诉至美国纽约联邦法院。他声称该银行应对中国警方对其施加的折磨、殴打、性侵、任意延长 拘留期等行为负责。刘博山在1988-1993年期间曾供职于该银行。在职期间,他曾接受委派对该行贷款方面存在的某些问题进行审计,而他的审计发现该行 有伪造银行存款单。结果他递交了审计报告后,却遭到了银行的解聘。刘博山诉称,随后,银行方面捏造事实,指控其在银行物业内招妓,致其被警方逮捕。在羁押 期间,他受到警方的折磨、殴打、性侵。

2010年3月,中国建设银行请求法庭驳回刘波山的起诉。2010年6月28日,法庭同意了被告驳 回起诉的请求,认为刘在诉状中所列的事实即便真实 存在,也不足以认定银行应对其受到的迫害负责。2011年5月5日,美国联邦第二巡回上诉法院维持了下级法院做出的驳回起诉的判决。

- “China’s banks face overseas pitfalls”, Jamil Anderlini, Financial Times, 19 Nov 2009
- “Asylee Says Chinese Bank Had Him Tortured”, Adam Klasfeld, Courthouse News Service, 12 Oct 2009

- US Court of Appeals for the Second Circuit: [PDF] Liu Bo Shan v China Construction Bank Corporation - Summary Order [affirming lower court’s dismissal], 5 May 2011
- US District Court for the Southern District of New York: Liu Bo Shan v China Construction Bank Corp. - Opinion & Order [dismissing the case], 28 Jun 2010

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法律诉讼
+ English - 隐藏

作者: Business & Human Rights Resource Centre

In October 2009 Liu Bo Shan filed a lawsuit in US Federal court in New York against his former employer, China Construction Bank Corporation.  He claimed that the bank was responsible for torture, beatings, sexual abuse and prolonged arbitrary detention that he suffered at the hands of Chinese police.  Mr. Liu had been an employee of the bank from 1988 to 1993.  During this time, he was assigned to audit certain loan discrepancies, and his audit uncovered that the bank had issued false bank deposit certificates.  Following Mr. Liu’s audit report, the bank terminated his employment.  Mr. Liu alleges that the bank subsequently fabricated charges against him, accusing him of consorting with a prostitute on bank property, and had Mr Liu arrested.  After Mr. Liu’s arrest, he was tortured, beaten and sexually abused by the police.

In March 2010 China Construction Bank moved to dismiss Mr. Liu’s claims.  On 28 June 2010, the court granted the bank’s motion to dismiss.  The court found that the facts Mr. Liu alleged in his complaint were not sufficient, even if they could have been proven, to establish the bank’s responsibility for the abuses he suffered.  On 5 May 2011 the US Court of Appeals for the Second Circuit affirmed the lower court’s dismissal of the case. 

- “A Second Circuit Panel Follows Kiobel, Dismisses ATS Claim”, Russell Jackson, Consumer Class Actions & Mass Torts, 10 May 2011
- “China’s banks face overseas pitfalls”, Jamil Anderlini, Financial Times, 19 Nov 2009
- “Asylee Says Chinese Bank Had Him Tortured”, Adam Klasfeld, Courthouse News Service, 12 Oct 2009

- US Court of Appeals for the Second Circuit: [PDF] Liu Bo Shan v China Construction Bank Corporation - Summary Order [affirming lower court’s dismissal], 5 May 2011
- US District Court for the Southern District of New York: Liu Bo Shan v China Construction Bank Corp. - Opinion & Order [dismissing the case], 28 Jun 2010

文章
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作者: US District Court for the Southern District of New York

Chinese national...Shan... sued his former employer, China Construction Bank... alleging torture...in violation of customary international law...pursuant to the Alien Tort Statute...In seeking to hold the Bank liable...the plaintiff asserts three alternative theories...First,...the Bank...may be held directly liable as a principal. Second,...the Bank [may be] liable as a aider-and-abettor of the Chinese police. Third,...the Bank [may be] a co-conspirator of the Chinese police...Plaintiff...failed to state a plausible theory of...liability...China Construction Bank...motion to dismiss is granted...

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文章
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作者: Jamil Anderlini, Financial Times

[A] former CCB [China Construction Bank] employee…filed a civil case against the bank in a New York court, alleging he was…arrested and tortured in 1993 after he made allegations of illegal banking activity to the bank’s audit director…Mr Liu decided to bring the lawsuit against CCB…because personal jurisdiction against the bank became available when it established its first US branch…in New York. The lawsuit said Mr Liu had not brought a case against the bank in China because cases involving the Chinese police cannot be adequately heard and redressed there…CCB told the Financial Times: “…Liu Bo Shan was involved…in an activity that violated public order and for that the local public security organs punished him...Mr Liu…is suing CCB under the Alien Tort Claims Act and the Torture Victims Protection Act.

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文章
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作者: Adam Klasfeld, Courthouse News Service

A political asylee claims the China Construction Bank had him…imprisoned and tortured to prevent him from exposing a vice president's fraud. Liu Bo Shan, who was granted asylum in 1997, sued the New York City branch of China Construction Bank under the Torture Victims Protection Act and the Alien Tort Statute. In his federal complaint, Shan…has documented the "open hostility and lack of an independent judiciary" when he tried to redress the abuse in China…In…1993, Shan says he was assigned to audit a loan discrepancy…and noticed that China Construction Bank Vice President…had issued false bank deposit certificates. Shan claims that after he submitted an audit report to a director…the bank called the police knowing that it "was substantially certain he would be tortured."…

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