To Analysis The Crime Of Refusing To Pay Labor Remuneration

In recent years, the behavior that refuses to pay labor remuneration becomesmore and more fierce, and triggers a series of serious social problems. It not only hasa bad affect on the normal life of the workers and their families, and the stability ofthe market economic order in China, but also brings a big hit to the harmony andstability of our country. How to thoroughly and powerfully repress the behavior ofrefusing to pay labor remuneration has become an important task of modern economicdevelopment, and the focus of the community. Since the Prime Minister pay-talksevent in2003, almost in every year’s two sessions, some deputies propose that put thebehavior of malicious Wages into the criminal law. Till February25,2011, theCriminal Law Amendment8finally implemented the proposal. The legislators madean addition of the crime of refusing to pay labor remuneration in chapter of theCriminal Law against property, as one of the276and officially recognized it as the"refusal to pay labor remuneration crime". At the beginning of the introduction of thiscrime, the survey on it also has just begun, this thesis, on basis of a large number ofcollecting of relevant journals, books and other information, using a lot of compareand dialectical research methods, strive to inspect this crime from all-roundperspectives, and deeply analyze it.This article, consisting of four major parts, in accordance with the logicalthinking of question-posing—understanding—analyzing—solving, makes some research on the aspects of the legislative history, necessity of setting up, constitutionof the crime and the judgment in judicial practices, tries to offer some suggestions forthe specific implementations of the refusal to pay labor remuneration sin on basis ofrational thinking.The first part sorts out the entire legislative process of the crime of refusing topay labor remuneration from proposing to determining, and summarizes the status quoof the behavior of refusing to pay labor remuneration at the present stage in ourcountry. From the exposure of this phenomenon in October2003to February2011that the crime was introduced into the criminal justice system in February2011, in the8years, with the positive efforts of all parties, finally led to the introduction of thecrime of refusing to pay labor remuneration.The second part, dialectically combing theory and practice from both positiveand negative views, analyzes the rationality and necessity of the introduction of thecrime of refusing to pay labor remuneration. First, from the grounds of the opponents,describes the question in the aspects of practical basis theoretical basis and foreignlegislative trends to fully explain that it is reasonable and necessary to introduce thebehavior of refusing to pay labor remuneration into the criminal justice system.The third part, mainly from the aspect of crime constitution, analyzes the crimecomprehensively. It also analyzes and defines the parts that not explicit in the relevantcriminal laws, such as large amount, relevant government departments, ordered period,labor remuneration, etc, further clarify the scope of application of this crime toprovide a little help for practical operations.The fourth part makes a further in-depth analysis on the definition of this crimeon basis of the third part, including the difference between crime and non-crime, aswell as the application of the sentencing. Finally, from the perspective of judicialpractice, summarizes the obvious situations in practice.