Thought Of Criminal Law. "deliberately Refuse To Pay Migrant Workers The Wages Of Sin

The phenomenon of defaulting the wages of peasant-workers is a big problem in our society and how to resolve it is still a long way to go. Some NPC members and lawyers suggested setting a charge of defaulting the wages of peasant-workers to solve the issue, which is opposed by many scholars. This dissertation will research into the viewpoint of both sides and it includes six parts.The first part state the view for not setting the charge. The opponents put forward the problems in solving the issues by means of penalty in the thought of protecting human rights. Firstly, the social harmfulness of this kind of behavior decides that it's no need to control the action in criminal law. Secondly, to treat the behavior of defaulting the wages of peasant-workers mala fide as crime will not operate well in judicial practice. Thirdly, the punishment to the behavior can't solve the issue thoroughly, which violate the intention of the legislator. Fourthly, there is alternative way to it. Fifthly, setting such charge violates the spirits of modern criminal law. Sixthly, the regulation of criminal offense of misappropriation and crime of fraud in criminal law is enough to settle the problem.The second part makes analyzes on the theory of the opponents and conclude the reasons for it. The author indicates that the standpoint is defective in theory and practice, and it's helpless to solve the issue.The third and fourth part focus on the reason of setting the charge of defaulting the wages of peasant-workers. On the basis of analyzing these reasons, the author thinks they are not deficient.The fifth part is the key part of this essay, and on the base of making comments on the advantage and disadvantage of the viewpoint of both side, the author brings up the aptitude of setting the charge of defaulting the wages of peasant-workers. Firstly, the peasant-workers deserve our concerning. Secondly, this social harmfuless of the behavior is serious. Thirdly, such stipulation didn't act against the spirit of modern criminal law. Fifthly, it's useful to solve the issue to add this charge in criminal law. Sixthly, this essay uses the method of comparative analysis to prove the justifiability of such rule and takes the regulations in Hong Kong an South Korea for examples.The last part of the paper discuss on how to prescribe this kind of crime. The author analyzes the object infringed upon by such behavior and thinks out the provision of the crime and the chapter it belonged to in criminal law.