On Not Setting A Separate Law For Malicious Arrears Of Wage

The frequent occurrence of malicious arrears of wage, which has triggered a series of social problems, is not only infringing the legitimate rights and interests of individual workers, but also causing damage to the honest and credit principle of the market, and has greatly disturbed the social peace and order and taken a great shock to the process of building the harmonious society in our country. Concern is growing both in academia and public to the solution of the problem, and different sounds regarding criminal penalty for malicious arrears of wage, both supporting and opposing, kept rising throughout the revising of "criminal law amendment (eight)(Draft)", which was finally passed and malicious arrears of wage was eventually set a crime, after a warm discussion. Indeed, criminal penalty for malicious arrears of wage is not only the voice of the masses, but also a practical requirement of the perfection of law. However, there might still be other alternative criminal methods to penalize. This essay discusses the relevant provisions in the current criminal law in three aspects:the necessity of criminal penalty for malicious arrears of wage, the possibility of covering malicious arrears of wage in the current criminal law, and the economical efficiency of the covering, taking consideration the applicability of malicious arrears of wage to "criminal law"270th crime of embezzlement in its requirements, with the conclusion that malicious arrears of wage can be encapsulated into the crime of embezzlement through explanation and modification; hence the purpose of penalizing malicious arrears of wage can be achieved.