On The Refusal To Pay The Crime Of Remuneration

The serious behavior of not paying labor remuneration is criminalized from the field ofcivil law and labor law to Criminal Law, which reflects the firm determination of our currentgovernment to protect the lawful labor interests remuneration of workers and maintain socialstability. And it also help the criminal law, as the final legal barrier, to play a full part inprotecting people’s lives and property. With the economic development，the malicious backpay is becoming more common, and the harmfulness to the society has become more andmore serious, the author holds the positive attitude of " malicious back pay" is punished.Overall, according to the regulations of the amendments to the criminal law of the People’sRepublic of China (eight),by which this article leads to malicious back pay and then usingrelevant knowledge of law to analyze the constitution of this crime and its judicialdetermination. This paper is describing mainly through five parts to discuss the crime:Part I: Analysis of the Object of the Crime. This part analyzes the Object of the Crimeand criminal object. Discussion of the criminal object to clear the specific scope of the crimeof labor remuneration..Part II: Discuss the sin objective aspect of this crime. Analyze the objectivecircumstances of this crime，especially the part of some vague statements such as "largeamount" and "ordered to pay by the relevant government departments still do not pay", toenable us to develop a deeper understanding of this crime.Part III: Analysis of the subject of the crime. The part not only discuss the generalsubject of this crime, but also the subject of this crime in exceptional circumstances, to fullyidentify the subject of the crime.Part IV: Analysis of the subjective aspect of the crime. This part analyzes the subject ofthe crime in the implementation of this crime with the subjective mentality problem.Part V: Analysis of the crime of the judicial determination from the two aspects of theconviction and sentence to write. Talking about the crime and not a crime and this crime andother crimes focusing on the problem of non-crime of this crime and this crime and othercrimes,so that we can correctly distinguish whether or not to constitute the crime. Sentencing,mainly to talking about the basic sentencing of this crime and the upgraded sentence when the circumstances are serious conditions.