Study On The Crime Of Forced Labor

The phenomenon of slave labor, child labor and mentally disabled workers has been exposed to the public with the exposure of the Shanxi black coal event and the indentured labored incident. Why the rights and interests of labors in our country has always been violated? It is not difficult to find that our victims have always been the juveniles, the migrant workers from the countryside and the mentally disabled workers who share the same attribute, namely they all belong to the disadvantaged groups when we look back on the black coal event and the indentured labored incident. They are more likely to become the target of the kiln bosses for they are inferior to other labors when it refers to the mastery of knowledge, technique and the ability of self-protection. The appearance of the phenomenon has been caused for many reasons, which involved sectors of the society, the politics and the economy and the like. The maintenance of the disadvantaged group’s legitimate rights and interests needs the joint efforts of all sectors from the society.On Feb.25th,2011, the Eighth Amendment to the Criminal Law of the People’s Republic of China has been passed in the19th meeting if the11th National People’s Congress Standing Committee and would be put into formal implement on May1st2011. The38th Article of the Eighth Amendment to the Criminal Law has altered the crime of forcing workers to labor to the crime of forced labor and then expanding the range of the criminal subject, improving the legally prescribed punishment. It is an important manifestation of protecting our country’s labors’ legislative rights and interests in legal system and also a maintenance of the basis interests of our citizen by putting the action of forced labor clearly in the law. This passage is just a hook by researching on the basis of Chinese and foreign Criminal Law and combining the physically truth of China to make a preliminary discuss on the forced labor to push forward a deeper criminal research.The main body of this passage is composed of five parts. Section one is an overview of the crime of forced labor, it is expounded from three aspects--the background of legislation, the legislative value and the comparison between the before revised crime of forced labor and the revised crime of forced labor. In section two the crime of forced labor is demonstrated in three respects--the Definition of interests, the objective conditions of illegality and the subjective responsibility to analysis the constitutive elements of the crime. In section three the passage distinguishing the form of quantity of crime about the crime of forced labor. It is composed of three chapters-the situation of the accomplishment of crime and the situation of the attempt of crime, the form of joint crimes, the form of quantity of crime. In section four, it is about the judiciary verdict of the crime of forced labor, it mainly distinguishes the crime of forced labor and the other relative charges. In section five the author put forward her own suggestions for improvements aiming at the legislative shortages in the crime of forced labor。 The author puts forward that the provisions in the second paragraph of the crime of forced labor that the action if assisting force others to labor should be convicted separately, to perfect the internal structure of the crime of forced labor。 In addition, the author suggests to create the compelled crime, and analyze the necessity and feasibility of creating it to perfect the according external system with the crime of forced labor。...