On The Research Of The Criminal Of "Refusing To Pay The Labor Remuneration"

As long as the universal of the information and the convenient of the communication, more famers work at big city far away from their home and more social problems appear outside increasingly such as the employment units arrears the labor remuneration. Sometime, the immigrant choice the public relief after the useless of the private relief comes when they are owed by the employee. The routine of the former public relief is the proceeding the law suit to the court or the department of the labor inspection services by the labor, however, this measures of punishment are too light to the employees that they always ignore it and this problems are not solved. In February25,2011, the11th National People’s Congress Standing Committee adopted the Criminal Law (Amendment) at the19th meeting, and institutes the criminal name "Refusing to Pay the Labor Remuneration". Refusing to Pay the Labor Remuneration refers to the behavior that the employee holding the ability to pay but through the means not too pay which expressed as transferring the property or running away, even the government administrative department order to pay by issuing the notice, and the number of the crime always huge. Under the provision of the Labor Law and the Labor Contract Law, the Labor Remuneration is the remuneration which should be paid, and the range is not limited to the narrow sense of the wages. Property Rights is a prerequisite of the basic survival and development for citizens, and the behavior of the refusing to pay remuneration violate the lawful property. It is a perfect balance between the punishment the crime and the protection of the Human Right that adopted the "Refusing to Pay the Labor Remuneration" into Criminal Law and it is conform to the Principle of Legality. The object of the criminal of "Refusing to Pay the Labor Remuneration" is the right that the labor should be paid and the order of the socialist market economy; the goal of the crime is the labor remuneration; one of the aspects of the object for the crime is the behavior that the employee use the means not too pay which expressed as transferring the property or running away, even the government administrative department order to pay by issuing the notice, and the number of the crime always huge. The other one is the employee holding the ability to pay but not to pay, even the government administrative department order to pay by issuing the notice, and the number of the crime always huge. The natural and units can be the aspects of subject both; and the subject is deliberately; and the criminal purpose is to occupy the labor remuneration or use it for themselves. The main problem of the adaptation of the criminal is the standards for determining of the "Refusing to Pay the Labor Remuneration", and we can order the employee to resolve the reason for arrears the remuneration comparing the criminal of "Large Amounts of Property from Unidentified Sources" that order the perpetrator to descript the origin of the unknown property. If the reason is property it is not a guilty, or would be suit. And the limitation of the arrears must earlier than the indictment issued by the prosecution.