
法国在推动民众为城市骚乱中造成的损失承担经济责任方面又迈出了一步。上周末的动荡事件中,原本和平的抗议活动因大规模的抢劫行为和公共财产的破坏而变得混乱不堪。
France has taken a further step towards making people financially responsible for damage they cause during urban riots in the wake of last weekend's unrest, when largely peaceful demonstrations over the cost of living were marred by widespread looting and destruction of public property.
这项被称为“骚乱者负责赔偿”(Rioters Pay)的法案已于9月中旬获得法国政府的批准。该法案最初是在5月底巴黎圣日耳曼队赢得欧冠冠军后暴力事件爆发时起草的,如今政府将其视为对上周末法国多个城市抗议活动中发生的暴力行为的回应。
The bill, known as the “rioters pay” law, was approved by the French government in mid-September. Initially drawn up after violence broke out following Paris Saint-Germain’s Champions League victory in late May, it is now being presented by the government as a response to violence seen during protests in several French cities last weekend.
据当局估计,这些骚乱事件给商店和公共建筑造成的损失高达数亿欧元。
The authorities put the cost of damage to shops and public buildings during these at several hundred million euros.
本周三,由右翼和中间派政治家组成的参议院法律委员会通过了该法案。议会日程已作出调整,以便参议员们能在10月27日对该法案进行讨论。
The Senate’s law committee, dominated by an alliance of right-wing and centrist politicians, approved the bill on Wednesday this week. The parliamentary calendar has been rejigged to allow senators to debate the draft bill on 27 October.
总理塞巴斯蒂安·莱科努(Sébastien Lecornu)表示,这项立法“绝对必要”,目的是防止纳税人一再为抗议活动演变成暴力事件后所产生的损失买单。
Prime Minister Sébastien Lecornu has described the legislation as “absolutely essential” to ensure taxpayers are not repeatedly asked to foot the bill for damage caused during protests that turn violent.
如果该法案获得通过,那些被认定负有破坏行为责任的人可能需要支付最高1万欧元的赔偿金。
If passed, those found responsible for vandalism could be required to pay up to €10,000 in compensation.
其中一项极具争议的条款规定了集体民事责任制度:即使某人并未亲自实施破坏行为,但如果他属于实施破坏行为的团体成员,也可能被要求承担赔偿责任。他们可能需要按照与实际实施破坏行为的人相同的标准,向国家、受害者或保险公司进行赔偿。
A particularly controversial provision would introduce collective civil liability, potentially allowing someone who belongs to a group responsible for damage to be ordered to pay even if they did not cause it themselves. They could be required to compensate the state, victims or insurers, on the same financial terms as those who carried out the damage.
马克龙承诺在全国性的行动日中对骚乱者实施严厉惩罚。不过,这项法案也引发了左翼人士的强烈批评。法国国民议会中极左翼组织“France Unbowed”的负责人马蒂尔德·帕诺特(Mathilde Panot)称该法案是“针对所有抗议活动的镇压工具”。
Macron promises tough punishments for rioters during nationwide day of action Concerns over civil liberties The draft bill has drawn strong criticism from the left. Mathilde Panot, head of the hard-left France Unbowed group in the National Assembly, described it as “a weapon of mass repression against all demonstrations”.
她的同事克莱芒斯·盖特说,该法案“确立了有罪推定”,而法国绿党的一名成员则将其描述为“送给国民联盟的礼物”。
Her colleague Clémence Guetté said it “establishes a presumption of guilt”, while a member of the French Greens party described it as "a gift to the National Rally".
极右翼国民联盟(RN)在2024年提出过类似立法,但遭到左翼和政府的双重否决。
The far-right National Rally (RN) proposed similar legislation in 2024, but it was rejected by both the left and the government.
“任何摧毁市政厅的人都必须知道,他们将为此付出一生的代价,”RN总统候选人玛丽娜·勒庞在欢迎该法案时表示。“而在未成年人的情况下,将由他们的父母来支付。”然而,法律专家质疑集体责任是否与宪法原则相容,包括个人责任和无罪推定原则。
“Anyone who destroys a town hall must know that they will pay for it for the rest of their life," said RN presidential candidate Marine Le Pen, welcoming the bill. "And in the case of minors, it will be their parents who pay." However, legal experts have questioned whether collective liability would be compatible with constitutional principles, including individual responsibility and the presumption of innocence.
法国法律规定,人们只能对自己的行为承担刑事责任,而1789年《人权和公民权宣言》确立了无罪推定原则。对于该措施在实际操作中如何运作,也存在疑问。
French law states that people can only be held criminally responsible for their own actions, while the 1789 Declaration of the Rights of Man and of the Citizen enshrines the presumption of innocence. There are also doubts about how the measure would work in practice.
“确定某人确实是某个群体的一员,本身就非常困难,”副检察官兼主要法官工会代表奥雷利安·马蒂尼表示,并补充说,要区分戴面具、穿黑衣服的示威者尤其困难。
“Determining that someone was indeed part of a group is already very difficult,” said Aurélien Martini, a deputy public prosecutor and representative of a leading magistrates’ union, adding that it would be particularly difficult to distinguish between masked demonstrators wearing black.
关于法国骚乱和抢劫背后的人我们了解什么 更严厉的措施 另一个挑战是确保被命令支付赔偿的人有能力支付。
What we know about the people behind France’s riots and looting Tougher measures Another challenge is ensuring that those ordered to pay compensation can afford it.
马蒂尼引用了10月17日利摩日市政厅被纵火的事件,该事件造成的损失预计将达到数百万欧元。即使嫌疑人被定罪,他也质疑其是否有能力支付如此巨额款项。
Martini cited the torching of Limoges town hall on 17 October, the cost of the damage to which is expected to run into millions. Even if the suspect is convicted, he questioned whether they would be able to pay such a sum.
该法案将个人财务责任上限限定在1万欧元,但也允许在未支付赔偿时扣押社会福利,包括家庭津贴和住房补贴。
The bill caps individual financial liability at €10,000, but also allows social benefits, including family allowances and housing benefit, to be seized if compensation is not paid.
参议院法制委员会周三通过了修正案,扩大了可能受影响的福利范围。
Senators on the law committee adopted amendments on Wednesday expanding the range of benefits that could be impacted.
他们还支持一项措施,允许对因与城市暴力有关的某些严重罪行被定罪的外国人处以额外的禁止留居法国的禁令。
They also backed a measure allowing foreign nationals convicted of certain serious offences linked to urban violence to face an additional ban on remaining in France.
当该法案于10月27日提交参议院时,可能会作出进一步修改。在9月的参议员选举使国民联盟(RN)首次在参议院拥有一个议会小组后,参议院进一步向右转移。
Further changes could be made when the bill reaches the Senate on 27 October. The upper house has shifted further to the right following September’s senatorial elections, which gave the RN a group in the Senate for the first time.