On The Judicial Application Of The Crime Of Malicious Wages And Legal Perfection

With the development of economy, the malicious acts on emerge in an endless stream, has seriously affected the development of the socialist economy and the enthusiasm of laborer, however, the current law of our country to baleful back pay sanctions legislation defects, malicious on rights exist great difficulties, malicious wages into crime is very necessary. February25,2011, the19th meeting of the11th Standing Committee of the National People’s Congress passed the Criminal Law Amendment (h)"malicious Wages behavior formal regulation for crime, reflects the social reality and national criminal policy trendsthe birth of the new offense of China has gone through years of gestation, although full of the sound of a little controversy, but overall reflects the malicious Wages acts urgent criminal law to adjust the indisputable legal fact, in order to wage offensesthe employer of the harbor luck sounded the alarm on the other hand provide an effective relief for many suffering from pay talks helpless laborers ways.Malicious wage behavior will not only undermine the principle of good faith in labor relations and the socialist market economic order, and the credit crisis lead to both employers and employees and even antagonism, addition, malicious Wages behavior seriously violated the labor remuneration of the majority of workers to obtain the right, caused great harm to the lives of workers and their families, and even survival, and thus intensify social contradictions, exacerbate the gap between rich and poor, causing the group pay talks events and other extreme the pay talks incident occurred, and even induce partial the pay talks fragmentation by self-immolation, petition containment, and even gathered to assault state organs, causing serious bloodshed. Great deterioration of the social and moral level, severely reducing the credibility of the government departments. In this context, by comparing ancient and modern criminal legislation, to derive the legislative limitations of private law on the behavior of malicious Wages, explore the "Labor Law" Civil department law remedies inadequate reality. The subjective reasons the malicious Wages behavior enterprises ignore the remuneration to the workers rights and income distribution rights, ignoring the protection of the rights and interests of laborers. Oversupply of labor, social supervision and lack of payment of wages the cost is too low, trade unions and government functions in the absence of wage offenses can not get enough constraints depress the wages of workers as well as payment of wages, in order to maximize profits, there objective basis for making employment corporate objective has not automatically fulfill the salaried obligations "emboldened". Poor management of some enterprises, the unequal economic status of the various economies, to enable less part of the companies no choice but to select the payment of wages. However, it is fortunate that this imbalance between supply and demand situation has changed, the labor shortage in the individual regions after the Spring Festival this year, to some extent, a wake-up call to the employment enterprise. The malicious Wages as a more prominent social phenomena regulation malicious Wages behavior is fair and impartial legal embodies both heed public opinion, has a solid factual and legal basis, can effectively curb occurrence of malicious Wages phenomenon regulatory acts of malicious Wages help to improve the cost of illegal and is conducive to the protection of the legitimate rights and interests of laborers, is conducive to further improve China’s labor law system is the premise and guarantee of harmonious labor relations, enabling better with international standards, to better fulfill the International Covenant on obligation of, and improve China’s international image. Has far-reaching significance of the rule of law.The Object of the Crime is a complex object, and that the workers’ right to own property and destruction of the principle of good faith in the labor relations. Objective aspect to evade the payment of remuneration to the workers in order to transfer the property, escape and hide or ability to pay without payment of remuneration to the workers, a relatively large amount, and ordered to pay the behavior is still not paid by the relevant government departments. The subject of a crime is a special subject, natural and units have to pay labor remuneration obligations. Crime aspects of performance for the direct intention. The crime results reach the amount of the "larger" or cause "serious consequences". In judicial practice should focus on the charges in the the subjective "illegal possession" malicious "and objective" by the relevant government departments ordered to pay is still not pay a "large amount" standards of conduct, the understanding of the constituent elements correctly distinguish malicious Wages crime the malicious Wages and non-malicious Wages of behavior, crime and general contract payments arrears, and comparison with related offenses in the Criminal Law.First of all, the abolition of government action front, reduce the cost of workers rights. Strengthen the collection and sharing of the burden of proof of evidence of a crime, improve the criminal legislation, safeguard the legitimate rights and interests of laborers Secondly, should be included in the main body of the crime of malicious Wages clearly defined, in accordance with the law to protect the legitimate rights and interests of workers, the labor integrity level system, integrity rating norms labor, eliminate wage arrears converted into government claims, the introduction of qualifications or ability punishment perfect civil liability, additional administrative responsibilities caution criminally responsible. Finally, the integrated use of the means of information and closed management mechanism, give full play to the functions of government departments role in the establishment of all kinds of the Protection of Wages on Insolvency, Emergency Revolving Fund while labor and social security funds, to establish a comprehensive legal network, built up the crime of malicious Wages Victim in relief of a solid barrier.