| In recent years, refusing to pay labor remuneration behavior is increasingly fierce, for the rights and interests of the workers and the stability of social order, it has caused great negative impact. in view of the existing laws and regulations related to the employer,the punishment is weak.cannot fundamentally put an end to this action case.Criminal law amendment (eight) take this kind of behavior for condemnation.This behavior into criminal law is consistent with the crime of rationality and necessity. It will help standardize this behavior and severe blow to this behavior and better safeguard the legitimate rights and interests of workers. This article from the legitimacy of this behavior to crime and criminal law analysis.In view of this crime exists needs to be perfected, the author offers suggestions on the use of dialectical and contrast methods and knowledge of this crime-Analysis of the crime-and perfection of the crime of thinking,analyzing the crime of refusing to pay labor remuneration,for further improvement of this crime.This paper is divided into four parts, the main contents are as follows:Partl:this part elaborated introduces the legitimacy of adding the crime of refusing to pay labor remuneration,from the rationality and necessity of the two aspects of this behavior crime of to verify. Refusal to pay remuneration for labor into the crime is rationality in accord with the criminal law function, the criminal policy and criminal value concept. For refusing to pay labor remunerations behaviors with serious social harm and significant legal interest infringement, so it is necessary to use the penalty. Finally the author has analyzed We should rationally look at, in the conviction and sentencing to adhere prudent principle of science.PartII:this part the author analyze the theory of criminal law for the crime of refusing to pay labor remuneration from two aspects of the crime of the composition and patterns of crime. Using The traditional four elements of factor analyze the constitution of refusing to pay labor remuneration. Focus on this crime "a crime of the Terms of interpretation, from this crime consummated form, the accomplice shape, the quantity of crime patterns of crime in this crime of multiple perspectives to interpre.Partâ…¢: the author analyze the existing problems of refusing to pay labor remuneration in the implementation through the comparative analysis.First, in the practice it is difficult to define this crime, such as constituting this crime must have a case of refusing to pay labor compensation in the relatively large amount of "laborremuneration"."the labor party has the ability to pay and refused to pay", the transfer of property or go into hiding, refused to pay the remuneration for labor "by the government departments shall be ordered to pay and still refuse to pay and the" government departments ". Other aspects of the definition is more difficult. The second is the provisions are too general to define the statutory leniency plot, making it easy to practice scales varying circumstances. Third, the practice of this sin there are penalties effectiveness of judicial resources put into the issue of incoherence. How to find the proper balance point is in front of law enforcement officers on the use of penalization refused to pay labor remuneration behavior received the penalty revenue and judicial resources into another problem.PartIV:In the implementation of the identified problems in the above analysis of the crime of refusing to pay labor remuneration,author make these recommendations from three aspects to be perfect,defining the sepecific concept of refusing to pay labor remuneration sin, definition of this plot of statutory leniency circumstances. The final recommendations is that,we should improve this crime procedural requirements. To look forward to more specific judicial interpretation the relevant legislative branches of the introduction formulate,we will have the specific practice of a legal basis for this crime. |
