Should Often Back Pay Into Sin

The increasing economic development in china has brought a lot of social problems. The "crime of malicious wages" is one of them in2003. The prime minister Wenjiabao successfully help Xiongdeming for paying back wages. Since then china opened up a large-scale movements of wage pay-off.Deputy shenghuaren and Zhouxiaoguang submitted a proposal that"Wages crime" should be set up in the criminal law in2005.Deputy fangchaogui introduced a bill of adding "wages crime" to the regulations of Amendment VIII to Criminal Law of the People’s Republic of China in2006.Anhui delegation claimed to add "wages crime" in the criminal law in2006. Deputy Zhaolin,and the member of the CPPCC National Committee Zhuzhengfu suggested to put "wage crimes"into criminal law in2009.During the period of the National People’s Congress and the Chinese Political Consultative Conference in2010,Vice Chairman of Chinese National Federation of Trade Unions Zhangming claimed to set up "wage crime" into criminal law in short.Most deputies considered that’Malicious back pay" had break the basic social morals and led to society contradiction. Only with the weapon of criminal law to protect the legal rights of rural migrant workers could be the most effective way. Facing this situation, we have to look at these problems reasonable. German jurist Jhering, Rudolfvon says that Penalty is the double-edged sword and the improper usage of it would cause the damage to both the country and the individual. So it should be careful in putting "wage crime" into criminal law. The main idea of this is called on the government not only to pay attention on "Malicious back pay" and respect the modestly restraining spirit of the criminal law and prevent extensive criminal legislation and face reasonably this situation. Concerning the complication of this problem that the phenomenon of "Malicious back pay" is not only the legal problem but also the social problem, thus, it is not wise to rely on putting "wage crime" into criminal law.This article is consisted of4parts:Firstly, it is summary section, which is the foundation of this article.It contains four parts.The first part summarized the original of Crime of malicious wages. The second part constructs the current status of the study of Crime of malicious wages.The third part illustrates the purpose of the studying at Crime of malicious wages. The last part introduces the researching way of Crime of malicious wages.Secondly, the section is the analysis of criminal of Crime of malicious wages. It is the premise of whether the act of "Crime of malicious wages" can be written into criminal law. The analysis of criminal here refers to the analysis of the danger of the action, in other words, only when it rests with that the acts badly endanger society can be written in to criminal law. This section contains two parts:The first part start with the using of criminal positivism, which draws the conclusion that it is unnecessary of put Crime of malicious wages into criminal law. The second part uses the vies of criminal norm to demonstrate the complexity of setting the rules into criminal law.Thirdly, the section illustrates that put Crime of malicious wages into criminal law is lacking of operability. This section is the focus of this paper. As we said earlier, the action of Crime of malicious wages didn’t has the quality of badly endanger society, so this section trying to make a profound analysis to why it can not be put into criminal law.The reasons are as followed:first of all, the reason of crime of malicious wages is very complex.secondly, some extra-regional countries also found the defect of putting Crime of malicious wages into criminal law. Third, putting Crime of malicious wages into criminal law violate against the basic principle of criminal law. It violates the principle of modesty of the criminal law and also violates the purpose of guaranteeing human rights. Fourthly, it will cause the confusion of the juristic decision fifthly, considering the criminal policy. Last but not least, starting with the angle of economic analysis, we can draw the conclusion that it is not worth to put Crime of malicious wages into criminal law.The forth section is searching the way of alternative solution besides criminal law. It is the destination of this paper. Social problems can not be solved without the society itself.This article suggested to solve this social problem in variety way. For example:we can Improve the "Labor Law" defects, establishes salary priority and "interest wage" system.