Malicious Criminal Laws Wages System Research

"Malicious wages" behavior with serious social harm, not only seriously affected the normal life of workers and their families, but also affected the social security and stability. Meanwhile, China's existing laws and regulations can not effectively solve the problem malicious wages. To this end, greater efforts to combat this behavior, use criminal means to malicious acts to regulate wages, it is particularly necessary. From 2005 to 2009, each of the National People's Congress, NPC deputies have proposed a motion for amendment to the Penal Code, the introduction of "crime of malicious wages" so that actors bear criminal liabilities. Theorists have all of this, but so far, Criminal Law malicious wage system is still a lack of research. This article related to the use of Chinese and foreign research data, using empirical analysis and comparative analysis, in defining the meaning of bad faith on the basis of wages to explore the behavior of the current situation and causes of malicious wages Criminal Law of the rationality and feasibility of trying to in rational thinking based on the behavior of malicious wages of crime, crime boundaries, criminal status, criminal responsibility for a specific design, reasonable regulation designed to wage a malicious act to provide a theoretical basis.Text is divided into four parts:The first part of the basic content of malicious wages. It is the basis of the full text. Wages among the defining acts of malicious content, analysis of the status of malicious wages, explores the reasons for its formation and study of foreign and Hong Kong, the relevant legislation. Article, malicious wages is labor units or individuals for the purpose of illegal possession in their ability to pay wages, the deliberate non-payment or default, a relatively large amount of behavior or other serious cases.The second part of the Criminal Law malicious wage a reasonable basis. Criminal Law malicious wages discussed the rationality and feasibility of the system. The reason why wage acts of malicious crime, first of all there are practical reasons: wages malicious behavior has serious social harm has reached the level of crime, abuse and the current laws and regulations exist for its regulation are not sufficiently strong, resulting in the lawful rights and interests of workers can not be effective protection; while malicious wages Criminal Law also has its theoretical basis: malicious actions are consistent with wages the basic characteristics of crime in line with the spirit of modesty criminal law, criminal law is conducive to the function and purpose; In addition, the Criminal Law also conduct malicious wages its legal basis, our existing laws and regulations on the protection of labor rights provisions of the law laid the atmosphere; is worth noting that malicious wage problem is not unique to China and other developed countries and regions such as Germany, Russia, South Korea, Thailand and China's Hong Kong region is also the problem also exists in these countries and regions most malicious behavior of wages and similar provisions of a crime, their legislation hostile to China's Criminal Law has provided valuable experience wage behavior, also shows that crime of malicious wages have been gradually become an international trend, China's criminal legislation should be the trend.The third part of the Criminal Law malicious wages legislative principles. This article discusses the criminal acts of malicious wages should follow the basic legislative principles: the principle of scientific definition, principles and both penalty seriously the principle of legal interest. Wages in the Criminal Law malicious behavior, payment of wages should be clearly defined acts of malicious content, attention to its general wages, wages and other similar malicious acts of the general distinction; for the malicious acts of people Penalty wage should be reasonable; in protecting the interests of victims should also be considered acts of the interests and social effects.Part IV malicious wages specific ideas about the Criminal Law. It is the ultimate goal of the full text. Articles in rational thinking based on the wages of the malicious acts of crime, crime boundaries, the status of criminal law, criminal responsibility for a specific design. The article points out, the crime is the object should be to the right of workers labor compensation, criminal behavior is malicious paying wages to laborers, the amount of large or other serious circumstances of the act, not as reflected in the subjective aspect is intentional and unlawful direct The purpose of possession, and the unit can become a natural subject of the crime. Wages take malicious crimes, it is necessary to draw the boundaries of a Crime, but also to distinguish the boundary crimes and other crimes. Establish the crime of malicious criminal status of wages should be based on the content of the object of their crime, criminal responsibility for it, should reflect the spirit of responsibility and punishment adapted.