Refused To Pay Labor Remuneration Crime

Abstract:Payment of wages has been an important problem in China’s social problems, it is not China’s only countries the prevalence of a social phenomenon.Intensified, a series of problems caused by the payment of wages for the pay talks, these problems extends the consequences sucked into the system level of the criminal laws and regulations. Theoretical circles sparked heated debate on this issue, and some recommendations to incriminate the behavior of malicious Wages, while others are opposed to this act into sin.Ultimately, the Criminal Law Amendment (h)"refused to pay labor remuneration behavior into crimes, charges identified as" refused to pay labor remuneration crime. However, for the behavior incriminate and practice will face many problems yet to be resolved.This article with a focus on implementation issues after refusing to pay labor remuneration behavior incriminate abroad and China’s Hong Kong and Taiwan do not pay, from the meaning and properties, and theoretical basis for refusing to pay labor remuneration sin, A Comparative Study of the crime of labor remuneration, China refused to pay labor remuneration Form of Crime and the Determination of several aspects of analysis, and concludes with some suggestions for improvement.I believe that the payment of wages is not a simple civil or administrative law problems, their severity by the criminal law has its regulations, the behavior of refusing to pay labor remuneration to incriminate the necessity and feasibility of this the crime of serious harm to society from the act, contrary to the principle of good faith and fairness, social defense theory, the lack of other laws as well as the behavior into the prevention and reduction of the act does not violate the criminal law Modesty principle several aspects were analyzed. On the basis of the relevant legislative provisions learn from foreign countries and Hong Kong and Taiwan regions, the author summarizes a five-point can be owned in China learn from experience, attention should be paid to the determination of the remuneration for labor rights and their fundamental rights status, taking into account the ex ante prevention and ex post prevention, prosecution standards should take into account the principles of the plot and the amount of clear fixing the amount of the fine standards, and additional qualifications of criminal deprivation in a particular occupation or specific activities. China refuses to pay labor remuneration crime constitute a crime and identified for analysis, I believe that the provisions of the crime of refusing to pay labor remuneration multiple need to be clear, such as "large amount","serious consequences" and "ordered to pay, etc., so as to better solve the crime or the crime of implementation issues. In addition, the crime and other related offenses, I believe that the offense should be included as a separate crime, and should not be confused with other crimes. Analysis, refused to pay labor remuneration sin, I made a few suggestions for improvement, for the crime itself, should be first to define its own ambiguities, and then to perfect in terms of judicial, law enforcement, including evidence of a crime collection, the burden of proof upside down and the introduction of criminal reconciliation system and other measures. Finally, I propose the need to improve the relevant supporting measures to improve the lack of other laws, build the system of protection of wages, the establishment of the integrity rating system, improving the workers’ awareness of the law and strengthen the supervision of government departments.