Study On The Crime Of Forced-labor

In recent years, the slave labor frequent, and people in the few cases concern for the trial results but drew criticism. In these cases of torture social conscience, but also caused scholars with relevant legal issues discussed. How these forced Labor criminal conviction seems to meet a difficult problem to solve. In the current criminal law with forced labor related charges is added in the 1997 to force worker labor sin "and normative object is the unit crime, because the charges when considering legislation established the trial process, smooth enough provisions of this crime charges appeared to target crime, subject of crime, responsibility subject, etc all cannot be in the above case applicable. That was a national "black brick kilns" case finally trial result is not a criminal case in accordance with the labor force a worker is sin conviction, prime culprit trio was intentionally serious and illegal detention sin several crimes, other common crime per capita in illegal detention sin conviction. The trial results against the legal question is'97 "criminal law" the where the "force worker labor sin" legislation is serious omission in charges, crime, subject, criminal object, main responsibility, legal aspects of term already can not adapt to the need of judicial practice, need to make this crime and crime revised. It is in this context,2011 February 25, issued by the National People's Congress standing committee of the People's Republic of China criminal law amendment (8), in article 38 of force worker labor sin made modification. This paper tries to research, comparison research legislative origins of forced labor sin aspects of the investigation, and the legislation on the basis of the criminal law amendment (described in this crime revision of eight) an understanding and appreciation of. This paper includes three sections: the first part of main introduction force worker labor sin produces social conditions, and to set up force worker labor sin theoretical significance and practical value, and through comparison analysis to understand the impact of China's relevant regulation is insufficient; The second part to force worker labor sin for real ran analysis. Introduces about forcing worker labor sin established condition of all parties, and the academic point of view was analyzed, meanwhile through to force worker labor sin each element of the analysis, this paper summarizes the author to force worker labor sin each element of the view. In the third part assessment to the amendment of criminal law (8) "to force worker labor sin, and the revision of the revision of the revised sense, and puts forward Suggestions of deficiency, in order to achieve better improve this sin utility.