Refuse To Pay The Normative Interpretation Of The Crime Of Labor Remuneration

May 1,2011, with the the official promulgation of "Criminal Law Amendment (eight)", a number of new crimes came into public view. The most concerning one are "refusing to pay labor remuneration "and "drunk driving", which has aroused public debate previously. After years of debate and argument, the actions of refusing to pay labor remuneration are finally considered as a crime. This move reflects our country’s robust protections for the legitimate rights and interests of workers, cracking down the violation of workers’ legitimate payment and the action of damaging normal healthy market economic order, it also demonstrates our concern for people’s livelihood, social stability and the effort to pursue social harmony. At the same time, the settlement of refusing to pay labor remuneration has improved the China’s characteristic socialist legal system, provided the relatively vulnerable group like workers with robust protections from criminal law, giving workers another way to safeguard their rights. In 2013, the Supreme Court issued "several explanations for application of refusing to pay labor remuneration crime on trial" in order to solve problems in the judicial practice.However until now, four years later, the settlement of refusing to pay labor remuneration crime did not satisfy both the legislators and the society, playing just an ordinary role in solving the problem of malicious arrears which is still rampant in our society. Complex legal and social factors have lead to this. In this paper, based on the legal practice of four years and the crime-related various laws,regulations, judicial interpretation,focusing on several typical cases, I try to sort out the thread of refusing to pay labor remuneration, and analyze the reason why it does not reach the expect in judicial practice,and ultimately make some recommendations for the development and improvement of the crime.By exchanging the ideas,I hope I can get practical advice from the experts.This paper is comprised of six chapters. The First part is the analysis of employer subject,which include natural person subject and unit subject; The second part is the research of criminal psychology,in this part,i’ll try to explore actor’s state of mind;In the third chapter,i’ll list several kinds of income to analyse object of this crime,discuss which one can be a proper object to be protected;In the fourth chapter,I am going to expound the behavioral pattern of this crime,what kind of behaviors can be regarded as refusing to pay labor remuneration;The theme of the next fifth part is the procedural meatures in this crime,which mainly include "pay the remuneration ordered by the government";At last,I will try to summarize problems which exposed in practice so as to propose some recommendations trying to solve these problems and look into the prospects of this crime,put forward a proposal of structuring wage protection fund with chinese characteristics.