Study Of The Crime Of Forced Labor

Forced labor in the world has its shadow, however for the legal regulation offorced labor is not satisfactory. That means many countries in the world don’t pay thatmuch attention to the legislation of forced labor and even developed countries don’tget special outstanding results neither. In recent years, China’s forced labor legislationgradually gets more attention from government. Labor Law in1994in whichprovided that the employer shall not force employee to work and the Penal Codemade in1997which expressly provided the crime of forced labor. What’s more,8thAmendment of Criminal Law in2011has changed the crime of forcing employees towork to the crime of forced labor. This legislative process well reflected the changeson China’s forced labor legislation. For a long time the phenomenon of forced laborhas been serious in our country. Now in order to better curb the crime, we made somelegislative improvement in the8th Amendment of Criminal Law. So it is verynecessary to study this crime from all aspects for a comprehensive interpretation.This paper provides systematic study of the crime of forced labor through the useof traditional academic research methods, including methods of comparative history,comparative methods. The purpose is making a more comprehensive understandingand knowledge of the crime of forced labor through the discussion and analysis on theoverview of forced labor and its concept, then make some recommendations of futureimplementation in the case of judicial practice. This article is divided into three parts;the main contents are as follows: Chapter1, which shows an overview of the crime of forced labor. This chapterdiscusses the profiles and characteristics of forced labor legislation in other countriesor regions in the world according to the requirement of this article, and then analyzethe current situation of China’s labor legislation and problems, on this basis throughthe analysis of the evolution of the criminal legislation of forced labor pave the wayfor theoretical and practical significance of China’s forced labor crimes legislation.Chapter2is about the concept and composition of the crime of forced labor. Theanalysis leads to the interpretation of elements of this chapter by the concept of thecrime of forced labor, according to the8th Amendment Of Criminal Law, the crime offorced labor contents of the interpretation of the connotation of the elements of thecrime of forced labor, summed up the elements for the crime of forced labor tounderstanding of four aspects: the dialectical analysis of object, the subject isunlimited, the specific behavior on the objective, the subjective aspects of directintent.Chapter3is the study of the boundaries of the crime of forced labor and relatedcrimes. This chapter is an important chapter in the crime of forced labor which meansto offer some theoretical help for the crime of forced labor in the judicialdetermination of the future.