案例摘要:中國建設銀行訴訟案(有關一被解聘員工)

Photo by Lance Joseph Lambach

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

2009 年10月,劉博山(音)將其曾經供職的中國建設銀行訴至美國紐約聯邦法院。他聲稱該銀行應對中國警方對其施加的折磨、毆打、性侵、任意延長拘留期等行為負責。劉博山在1988-1993年期間曾供職於該銀行。在職期間,他曾接受委派對該行貸款方面存在的某些問題進行審計,而他的審計發現該行有偽造銀行存款單。結果他遞交了審計報告後,卻遭到了銀行的解聘。劉博山訴稱,隨後,銀行方面捏造事實,指控其在銀行物業內招妓,致其被警方逮捕。在羈押期間,他受到警方的折磨、毆打、性侵。

2010年3月,中國建設銀行請求法庭駁回劉波山的起訴。 2010年6月28日,法庭同意了被告駁回起訴的請求,認為劉在訴狀中所列的事實即便真實存在,也不足以認定銀行應對其受到的迫害負責。 2011年5月5日,美國聯邦第二巡迴上訴法院維持了下級法院做出的駁回起訴的判決。

- “ 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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法律訴訟
+ English - 隱藏

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
+ English - 隱藏

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
+ English - 隱藏

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
+ English - 隱藏

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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