On The Addition Of A "Vicious Crime Wages" In Criminal Jurisprudence

As China's market economy from a planned economy era, accelerating the urbanization process. Since the expansion of city size, need a lot of labor input. At the same time, migrant workers pay issue has been a long time hanging undecided. Since 1990, especially in the field of urban infrastructure, malicious wage even more severe, causing great concern in the community. Wages occurred malicious practice has been expanding, from the early expansion of infrastructure in the field to the general service sector, much of the crowd malicious injury wages are increasing, because the malicious behavior of wages caused by frequent violence. Wages can be malicious behavior has become a harmonious society against one of the important issues. It is on this basis, the experts and national authorities to promote malicious wage should be incorporated into the Criminal Law of the vision. If two sessions in 2010,a lot of deputies that should be added in the criminal law crime of malicious wages. Malicious acts of the reason why wages should be regulated as a crime, simply because its a serious social harm. In the present labor laws, civil laws can not cope with malicious wages act, be included in the scope of Criminal Law, Tempering Justice with Mercy is a criminal Policy needs, but also consistent with the purpose of building a harmonious society. Judging from the foreign legislation, malicious acts were included wage legislation of a crime are not uncommon. In view of wage behavior and malicious fraud, embezzlement were substantial differences between, it is necessary to set a separate crime of malicious wages, specifically, its either by natural form, can also form by the unit. With the crime of malicious punishment on wages should be primarily of property and freedom of punishment for the criminal kind, not only is consistent with the behavioral characteristics of a malicious crime wages, balance of crime is an inevitable requirement.