The Research On The Judicial Cognizance Of The Rufusal To Pay Remuneration For Labor Crime

In recent years, being in a transitional period, contradictory conflicts emerge in an endless stream. With the development of socialist economy progressively and the workers’increasing awareness of rights, whether can or not pay remuneration is often directly related to the harmonious labor relations, the stability of the society and economy sustainable development.At present, although the criminal law amendment (eight) criminalizes the refusal to pay remuneration officially and the "pay remuneration" concept has already won support among the people, there are still many people who want to take a chance attempting to escape through the transfer of property, avoid paying the remuneration of workers, or someone who has the ability to pay but don’t pay.The criminal law amendment criminalizes the refusal to pay remuneration officially which manifestes the legislator’s "people-oriented"concept in the rule of law, but in practical application process,there also exists a good many judicial difficulties on how to applied to the refusal to pay remuneration crime accurately.To make sure this,it includes not only giving the scientific concept definition of "laborer","labour remuneration ", but also making reasonable determination of legal interpretation on "have the ability to pay but don’t","escape payment","serious consequences"and so on.At the same time, there also stand many procedural matters such as the government order and the burden of proof. All above need combine relevant provisions with the legal basis and make a comprehensive analysis.This paper attempts to present the legal status and judicial determination problems of refusal to pay labor remuneration crime and conduct a in-depth analysis on its reasons for disputes, combining the new situation,new task that faces,put forward strategy on how to solve the refusal to pay remuneration crime for attractting more departments, organizations and individuals to get involved in. The aim of this paper is hoped to contribute little to construct better social order of the labor market system.