东沙劳工惨案的公廨诉讼及问题之解决

Legal Responses to the Dongsha Labour Tragedy at the SAFCP

20世纪20年代中期,在东沙观象台、灯塔工程修筑期间,由于国民政府海军部门和承包方的不作为,造成了60多人殒命、30多人患病的东沙劳工惨案。此后关于劳工的抚恤以及赔偿等问题,成为劳资矛盾斗争的焦点,但由于国家和地方政府劳动立法的缺失,导致交涉未果。死难劳工家属在上海工商友谊会等民间组织的支持下,走上了诉诸法律解决问题之路,但因上海会审公廨制度的不合理,致使劳工家属诉讼失利。《民国日报》《申报》等报刊对诉讼过程进行了跟踪报道,凸显了对劳工家属遭遇的同情,这在一定程度上补充了正史记载的不足。南京国民政府统一全国后,东沙工程承包者将该案诉诸政府,最终使问题得到了解决。

During the 1920 s, as a result of the inaction of the Navy Department and the contractor, over sixty laborers involved in the construction of the Dongsha Observatory and Lighthouse perished, and thirty others fell ill. The parties representing labor and capital subsequently became embroiled in a dispute over pensions and compensation. After unsuccessful negotiations, the relatives of the victims initiated a lawsuit with the support of the Shanghai Industrial and Commercial Friendship Association and other non-governmental organizations. However, because of the unreasonable system of the SAFCP, along with the lack of effective labor legislation from the national and local governments, they lost the suit. Nonetheless, reports in the Republican Daily and the Shenbao gave continued sympathetic publicity to the plight of the laborers. Their coverage, in part, made up for the lack of documentation in the official historical records. After the Nationalist government in Nanjing unified the entire country, the Dongsha contractor appealed the case before the new authorities, paving the way for the final resolution of the issue.