On The Crime Of Forced Labor In Criminal Law

Shanxi "Black Brick Kiln" case has come to an end with huge controversial argument.Unlawful employment practice, but acts of forced labor to the crime of illegal detention to sentencing convicted, the reality in the fight against crime and the need to formulate the provisions of legislation out of line, the Criminal Code of the crime of forced labor has not fully covered by the provisions of the reality of forced labor Conduct, which reflects China's Criminal Law Article 244 provided for the crime of forced labor by the existence of the problem.I believe that the main crimes committed this crime, crime targets, the objective aspect of crime and the penalty provisions exist in both the defects and to study the root causes of its long-term neglect of our criminal law protection of the rights of workers labor. In this paper, the Shanxi "Black Brick Kiln" case, the main body of the crime, the object of crime, penalties, etc. are analyzed and put forward legislative proposals with a view to the crime of forced labor provisions of a more reasonable and perfect. This article includes four parts: the first part introduces the crime of forced labor in the existing legal provisions, legislation and the establishment of the origins of the social and legal charges of value; the second part of my country the crime of forced labor to carry out analysis of real likelihood. Introduction of the crime of forced labor of all elements of academic opinion and analysis, at the same time of the crime of various elements of the analysis, I summed up the the views of all elements; the third part of How to practice for the administration of justice that this crime problem, it would constitute the crime of forced labor, forced labor and illegal detention of the crime of crimes, as well as the distinction between crime and one crime of his own opinion, one of the focus of an analysis of the crime of forced labor and similarities and differences between the crime of illegal detention; the fourth part of the crime of forced labor to carry out architecture ought to be pointed out that the inadequacy of the existing law, the legislative proposals.