On The Legislative Perfection Of The Crime Of Refusing To Pay Remuneration And Its Judicial Application Of Perfection

Emergence of refusing to pay remuneration is not accomplished at one stoke, itis caused by some factors in the wave of economic development. In the developmentof commodity economy of today, some employers and employers ’ awareness of thelaw and moral awareness, increasingly weak, in order to maximize the realization oftheir interests, all wealth based on workers’ hard work, even should be treated asremuneration of the workers would be seized; Workers’ consciousness unclear ofConfucian "and your" effect when facing their lawful rights and interests are violated,its guiding thought is communication and consultation with the infringers, try toavoid going there, do not want to become significant; Legal regulation is not in place,law enforcement is too lax, softening mandatory law itself, provided for employer andemployee violations of workers’ legitimate rights and interests of the soil temperatureshould be; Legislative provisions are too broad, many among the different legalimplication of terms with different meanings, and relevant Sectoral laws are yet to beclearly defined, lack of effective and efficient interface between many legaldepartments, and so on. Now refuses to pay remuneration has been people know andcare about, people can be helped through a variety of channels to defend theirlegitimate rights and interests of workers. This is to legal scholars of perspective toanalysis refused to paid labor paid crime of many problem, through using analysiscomparison of method to specific described the crime in currently legislation andjustice in the exists which problem, meanwhile in abroad on refused to paid laborpaid crime vertical regulations system and my Hong Kong area on refused to paidlabor paid crime vertical regulations system of comparison in the, will advanced ofprovides for used reference and improved, makes refused to paid labor paid crime inmy of legislation area reached science reasonable, Strong reached the right effect inthe application of justice.As far as the general context of this article, first of all, visited refused to payremuneration legislation in foreign countries as well as China’s Hong Kong region forrefusing to pay remuneration provided analysis and advanced with merits of the legislation, namely legislative implications and methods, perfect for following on thisbasis provides a good reference; Secondly, the analysis of the crime of refusing to payremuneration of legislative provisions and their issues and problems in the applicationof Justice and a summary. In this part, the most basic is to refuse to pay remunerationrelated concepts in defining the crime analysis, will be to further clarify the meaningof the words; Finally, in the above analysis made on the basis of their ideas andopinions, which refused to pay remuneration to the legislative perfection of the crimeand judicial application of perfect vision. This ultimate goal is what we usually meanby "learning" effect, that is, on the basis of scientific legislation play a justice lawlegal life maximize the effect, that is, top priority is strong right in the application ofjustice. Closely in the application of Justice and Criminal Procedure Act, particularlywithin the context of criminal reconciliation system linked to application of the law ofcriminal procedure. In dealing with crimes of refusing to pay remuneration to achievecriminal benefits maximum rationalization of the parties, justice costs are effectivelysaving effect. Of course,"good enough governance, laws to their own ", only betweenmorality and law, and to make our society more harmonious.