Refused To Pay The Labor Remuneration Research Problems

The nonpayment of the remuneration of labour, a growing social issuein recent years, has severely infringed upon the legal right and interests of thelabourers. Furthermore, it has impaired the regular industrial relations, intensified thesocial conflicts to a great extent and affected the social harmony and peace, which isunbeneficial to the long-term healthy development in economy. Thanks to theextensive discussion and preparation for legislature over the past years, the crime ofnonpayment of the remuneration of labour has eventually been include in the EighthAmendment in the Criminal Law of the People’s Republic of China which has beenpromulgated and put into implementation. However, debates on the necessity andrationality of the said crime still exist. The author thinks that, since it is a settled factthat the nonpayment of the remuneration of labour has been included as a crime, wehad better lay aside the debate on the theory of whether the said act should beincluded as a crime. On the other hand, we should shift the focus of the discussiononto the judicial practice and perfection of legislature in order to reduce the socialharm resulted from the nonpayment of the remuneration of labour by means ofcriminal penalty as well as to verify the realistic value and actual effect of this crimein the course of practice.In this thesis, the judicial practice regarding the crime of nonpayment of theremuneration of labour is reflected on. Starting from the components of the legislaturerequirements for this crime, the scope of its application and the criteria fordetermination of the said crime is analyzed, and the procedural issues including thelaunch of the judicial procedures are explored, which will provide some suggestionsfor the purpose of perfection of legislature and judicial practice. The thesis is dividedinto four parts.Part one involves an outline of the crime of nonpayment of the remuneration oflabour and a briefing about the process of its legislature and the current judicialsituation. By summarizing some issues in terms of judicial application, the authorcomes to the conclusion that the major reasons why the effect of the judicial practiceregarding the said crime is anything but satisfactory are imperfection in legislature,too heavy costs of criminal penalties, and unclear division of authority and responsibilities among the competent government departments. It is an effectivechannel to solve the aforementioned issue to analyze the components of the saidcrime.Part two concerns the objective components of the crime of nonpayment of theremuneration of labour including the correct understanding of the criminal act as wellas the criteria for determination of the said crime, e.g. the remuneration of labour, theconsiderable amount and the grave consequences. Due to the extremely generalizedand vague provisions in the Criminal Law without a clear definition of the foregoingcriteria, the competent government departments do not know what to do in terms ofthe application of law. In this thesis, the author suggested the criteria fordetermination of the said crime which is the objective component of the crime inorder to provide some theoretical basis for the practice in dealing with the crime.Part three refers to the analysis of the main component of the crime ofnonpayment of the remuneration of labour. Although there is no limit on the subject ofthis crime in the legislature, the author does not support that view. On the contrary, theauthor comes to the conclusion that the eligible subject should be limited within theframework of the Labour Law by analyzing the intention of the legislature as well asthe eligibility of the subjects. Furthermore, some recommendations are also madeincluding the determination of the capacity of the subject in complicated labourrelations such as service dispatching, outsourcing and subcontracting for the referencein the process of judicial application.Part four means the analysis of the procedure of the crime of nonpayment of theremuneration of labour including the application scope of the instruction process bythe relevant authorities, the power and limitation of the instructions, the method of thelaunch of the criminal judicial procedure, and whether the foregoing crime should belimited to the range of “handling only upon complaint” cases in order to offer adirection for the implementation of punishing the criminal liabilities of the said crime.