The Que Of Criminal Legislation Of Intentionally Defaults Salary Of Migrant Sin

One of the commonest phenomenon in China recently is the failure to pay wages of rural workers. The statistic data made by All China Federation of Trade Unions (ACFTU) for the latest year reveals that the total unpaid payment may come to nearly 100 billion RMB. The alarming point is the increasing trend in violent incidents owing to such arrears and some of these have even shocked the whole nation ---murder consequence in Wang Binyu case, etc. The occurance of all these cases have already undermine the stability and harmony of our society and have come to the first thing to be dealt with in our country. However , whether or not we shall bring such arrest into the criminal law,the author here express her opinion on malicious nonpayment in four parts with reference to the various ideas from academics and the legislation of foreign countries. It describes as follows:The first part of the paper,the author focuses on the necessity whether or not we shall bring malicious nonpayment into the criminal law.From malicious nonpayment causing a series of vicious incidents ,highlighting malicious unpaid wages have great social harmfulness.When we discuss malicious wage behavior why has social harmfulness, at first the author raises the view of the opponents that they think malicious nonpayment behavior is the behavior of a breach of contract. The relationship between the employers and workers is a creditor-debtor relationship in civil law. And then through the contradict to opponents views and the author own point of view that the author express her opinions from violated social productivity development, easy cause many social problems, serious ethical hazard analysis to demonstrate t the serious social harmfulness. In addition, by the shortcomings of the present legislation, judicature, such as labor law and other related provisions prescribed are relatively principle, go against the practice operation, rights protection costly and so on .The author points out that injecting malicious nonpayment behavior into sin is very necessary. This chapter mainly adopts the method of harm to illustrate the behavior into the necessity of sin.The second part of the paper, the author focuses on the feasibility whether or not we shall bring malicious nonpayment into the criminal law. First,we can take example by the foreign legislation,including Germany, Russia, Hong Kong and South Korea, and the author points out that the Hong Kong and South Korea is with our country of the Confucian cultural circle and their teaching for us are bigger. Secondly our country has already possessed the foundation of the theory and practice injecting malicious nonpayment behavior into sin. The theoretical foundation is the austerity of criminal law and criminal law direct goal and function, the penalty benefit - cost .The practice base displays that the amendments to the criminal law number eight and a large number of malicious wage case handled in practice give us the experience and enlightenment.The third part is the legislative studies of setting the charge. On the hand,it includes the concept of the charge. It means that the employer and the persons related responsibility with the purpose of illegal possession, violate labor management regulations, not pay or transfer property, escape pay to migrant workers by escaping methods more than pay salary day 30 days with the ability to pay.On the other hand,it includes the law design,the constitutive requirements and the legal sentence of the sin.The fourth part is some problems about the charge in judicial practices .It Includes: how to recognize the protection target ?What is malicious? How should share the burden is more reasonable? And the diffenences among the charge,malicious wage crime ,occupy sin.Through the problem analyzed, the author aims at explaining, we need inject the sin into the criminal law.