Research On The Cirme Of Refusal To Labor Payment

In recent years, with the rapid development of our country’s economy, the size ofcities is increased. A lot of labor who contribute to the development of the cities comefrom rural to urban areas, but at the same time, the labor payment of farmer workershas not been resolved which seriously affect the normal life of these workers and theirfamilies. Some no-paid workers are forced to become criminals in order to survive.Malicious wage of the enterprise has a serious impact on the safety and stability ofour society. The act of malicious wages do serious harm to the society, so the relevantdepartments, experts and scholars have suggested the malicious wage act should beincorporated into the field of the criminal regulation. February 25, 2011, the NPCStanding Committee voted through the Criminal Law Amendment Eight. It is the firsttime to put malicious wage act into the criminal acts. After the modification, thecrime of refusal to labor payment has been added into the chapter of crimes againstproperty in Criminal Law as part of the 176 provision. The behavior of refusing topay labor remuneration has violated not only the basic rights of and interests oflaborers, but also the principle of good faith, which seriously affect the socialharmony and stability of our country. In this paper, there will be in-depth study of thebehavior of refusing to pay labor remuneration through the researching data both inChina and abroad.The crime of refusal to labor payment means that the actors actually take themanners such as transferring property to get rid of the labor payment, although theyhave the ability to pay for the workers. Furthermore, they still have not paid within areasonable time under the command of relevant government departments. Generally,the constitution of this crime is characterized by these four facts. First, the object ofthe crime. It has a complex object, which violate not only the public and privateownership of property, but also the order of the socialist market economy. The formeris the main object while the latter comes from secondary. Second, the objective aspect of this crime shows that the actors transfer their properties or go abroad to escapefrom the labor remuneration, even refuse to pay the remuneration on the condition ofhaving the ability to pay for. Third, the subject of this crime contains natural personand unit. Fourth, the subjective aspect of the crime is intention, including directintention and indirect intention. The determination of intention should be determinedwith the consideration of specific objective environment, time factors, etc. in legalpractice and we must distinguish the boundaries between the crime and the generalwage offenses. For the general wage offenses, if the actors do not intentionally escapeto pay for the labor and the amount is small, we should not identify it as a crime,otherwise it will waste the judicial resources in China.This paper is divided into four parts:The first part is the legislative background of the Crime of Refusing to PayLabor Remuneration. It is the foundation of the whole paper. It analyzes the currentsituation of refusing to pay labor remuneration. The serious act of refusing to paywork reward corresponds the essential characteristics of the crime, has serious socialharmfulness, criminal illegality and deserves punishment. It discusses the legislativesituations of the surrounding countries and regions of China on the act of refusing topay labor remuneration. It is necessary and feasible to list the Crime of Refusing toPay Labor Remuneration in the Criminal Law and also has the legal and theoreticalbasis.The second part is the constitution of the Crime of Refusing to Pay LaborRemuneration. It analyzes the constitution of the criminal from object, objectiveaspects of crime, subject and subjective aspect of crime. The objective aspects ofcrime is the point.The third part is the crime pattern of the Crime of Refusing to Pay LaborRemuneration. It analyzes whether the criminal has an attempted form and commitsthe existence of the attempted form. And at the same time it analyzes the commonform of the criminal by sketching out comme crime and differentiates the primeculprit and the accessoryThe fourth part is the related judicial identification of the Crime of Refusing toPay Labor Remuneration It demarcates the Crime of Refusing to Pay Labor Remuneration and general back pay and focus on the analysis of the distinctionbetween this crime and the Crime of Refusing to execute the judgment, the crime ofEmbezzlement, the Crime of fraud and the crime of misappropriation of funds...