Research On Judicial Application In The Crime Of Refusing To Pay Labor Remuneration

The Crime of Refusing to Play Labor Remunerations is a serious violation of the criminal, which acts on the public and private property ownership. There was no-criminalization in our Criminal law, promulgated by the NPC Standing Committee in February2011, the Criminal Law Amendment (Eight), added the crime of refusing to pay labor remuneration. And their integration into a chapter of the Criminal Code against property as one of the276. The Crime of Refusing to Play Labor Remunerations referred to the ability to transfer property into hiding, and other ways to evade payment of remuneration to the workers or to pay without payment of remuneration to the workers, a relatively large amount, by the relevant government departments shall be ordered to pay still pay behaviors.The Crime of Refusing to Play Labor Remunerations in "the labor remuneration "should be done for a broad understanding, not just referring to the wages, and also should include bonuses, allowances, subsidies, social insurance. Both of the workers affected by the adjustment of labor law and establishment of labor relations workers and employers. And include protection from the adjustment of labor law and the establishment of special labor relations between workers and employers. But also neither the establishment of labor relations nor the establishment of special labor relations, only to the formation of the employment relationship of workers and an employer. The behavior of "Method to transfer property, and go into hiding to evade the payment" includes the transfer of property or hiding property to go into hiding, gratuitous transfer of property, abnormally undersell property, abandon the claim, fabrication or to recognize the real debt, lower than the local minimum wage standard payment labor remuneration, unlawful deduction of labor remuneration and other means. The content of "Ability to pay rather than pay" includes two aspects:on the one hand is that the actor has available to pay the property and refused to pay (that is the reality existing capacity); on the other hand refers to the behavior of people has to fulfill the ability of the specific obligations and refusing to perform (through the efforts of the future can have the ability)."After being ordered to pay still do not pay" refers to the perpetrator refused to pay labor remuneration, reflect complaints of workers to the relevant government departments, government departments to make ordered deadline for payment requires that the perpetrator, but the behavior of people still do not pay."Large amount" and the standard of "serious consequences" to be understood with reference to crimes against property related offenses (such as:theft, fraud, etc.), compare and contrast, and then made to explain the current social reality.From the provisions of paragraph1of this, if the perpetrator to transfer property into hiding, and other methods to avoid to pay laborers remuneration or neither transfer of property nor go into hiding, only have the ability to pay is not paid (in other words is openly refuse to pay), amounting to a greater extent, and ordered to pay by the relevant government departments still do not pay, satisfy these three elements (and only along with these three elements), the behavior of human behavior will constitute the crime of refusing to pay labor remuneration. Paragraph3of this rule is the crime sentencing circumstances of the crime of refusing to pay labor remuneration, in order to achieve this clause of " can reduce or exempt from punishment" situation must meet three conditions:(1) not have caused serious consequences;(2) to pay laborers remuneration in the former of prosecution;(3) in accordance with the law the corresponding liability.The sin burden of proof of the crime of refusing to pay labor remuneration are divided into two kinds:In public prosecution cases, judicial authorities bear the burden of proof, when the acts of person constitute the crime of refusing to pay labor remuneration sin, workers discovered to public security and judicial authorities to be reported, public security and judicial authorities immediately filed and the investigation, the public security and judicial organs responsible for proof on the act constitutes a crime, criminal responsibility shall be investigated and its; In private prosecution cases, should be used in the inversion of the burden of proof, in order to realize equality of litigation lawsuit proof responsibility for redistribution.