Primary Investigation Of Malicious Wage Sin

After become effective of criminal law, through eighth amendment, every time reflects social basic reality and country's criminal policy toward. This year by the standing committee of the National People's Congress, the amendment of criminal law (8) , the article 41 stipulated the malicious unpaid wages of sin. This provision is a new and no new terms though, before many scholars has offered to wage behavior of the crime with the crime of discrimination, many of the crime that social needs the new sin to alert the society."Wage"behavior in foreign legislation does not see more, many people find the behavior of attitude questioned still crime, especially on the attitude of said after a crime to worries about predicament.This dissertation is divided into four chapters:The first chapter is a department of"wage"reading."Labor law"regulation defaults salary to laborer is the legitimate rights and interests of the violations, can pass the Labour administrative department and civil litigation to wait for a way to solve. The law also belong to the wage of the relationship of creditor's rights debt, solutions on the labor law still walk the footsteps. All this leaves wage behavior of crime have become inevitable. The second chapter is the study of malicious wage sin formation. This section discusses the crime, crime is single object, namely the object of the citizens'rights to property. Objective to transfer property aspects of methods of payment, escaping to escape the labor compensation of employees in the or with the ability to pay without pay, the labor compensation of employees in the large amount, and by relevant government departments shall pay still do not pay behavior. Crime subject is the special subject that has to pay remuneration obligations of natural person and units. Crime is directly intentionally subjective aspect performance.The third chapter is to investigate the cognizance of malicious wage sin. This section discusses the following questions: first, a large amount of crime,"actor"should be implementing crime specified in when the lowermost work reward for several times"standards","serious consequences"including the victim, the large number of social influence extremely difficult; Trigger for salary events, serious interactions disturbing social order; National economic economic losses caused to a certain amount of; Because don't pay the remuneration, causing serious injury or death caused by the victim or other serious consequences of four kinds of situations. Secondly, the crime,"waiting"word meaning for lists all pending of Italy, its contain violence, coercion, fraud behavior."By relevant government departments shall pay still do not pay"is one of the components of the crime, shall be ordered to shall issue the specific legal documents, this legislation statements reflected"the"tempering justice with mercy"wide"criminal policy. Again, not as a crime for pure crimce, its existence as a crime, suspend attempted to stop form. Finally discussed the malicious wage between crime and related crimes, the definition of confusingly list only the accusation discrimination. The fourth chapter is malicious wage sin dispute problem solving. One difficult problem to for evidence suggest introducing the huge property's unclear source that obligation. About the victim relief, this paper puts forward the legal nets, establish all-sides role of government departments, build up the functions of relaxed discipline.it wage sin malicious solid walls the victim relief.