Refused To Pay The Labor Remuneration Sin Constitutive Requirements

For refusing to pay labor remunerations behavior caused a series of social problems, theseproblems pose a serious threat to Chinas socialist harmonious society construction, destroyedthe order of the socialist market economy as well as both credit, how to effectively combatrefusal to pay remuneration for labor, social people from all walks of life to offer advice andsuggestions. Finally in February25,2011, the eleven meeting of the nineteenth NPC StandingCommittee voted through the" criminal law amendment (eight)", by strengthening thepeople’s livelihood protection purposes, increase in some serious damage to the interests ofworkers behavior punishment in China’s criminal law, crime of property violation in onechapter, added to refuse to pay labor remuneration as sin, one of276th, will be part ofrefusing to pay labor remuneration behavior into the scope of the criminal law. The so-calledrefused to pay labor remuneration behavior, refers to the act in the ability to pay wages underthe premise, explicitly refused to pay labor remuneration of workers or take the transfer ofproperty, escape, refuses to pay labor remuneration and obligations, the relevant governmentdepartments shall be ordered to pay, still not to be performed, and the relatively large amountof behavior. In this paper, for refusing to pay the remuneration of the constitutive elements ofthe crime of the difficult point, put forward their own views, with a view to the method in thepractical application of their contribution. This paper is divided into four parts:The first part is the refusal to pay remuneration crime subjective requisites of crime, mainlythrough the subjective form of sin, the subjective culpability is namely to will factor andawareness factors analysis in practice as well as in determining the subjective culpabilitystandard three aspects were discussed and expressed my views.The second part is to refuse to pay the objective requisites of crime, including the refusal topay remuneration for labor behavior forms the nature of the analysis, to" have the ability topay and refuses to pay the behavior"," the relevant government departments shall be orderedto pay" and" large amount" and other provisions of the understanding.The third part is the refusal to pay remuneration for labor on the crime of the crime subjectof crime, including the kinds and range are presented as well as some special labor relationsthe main identification problem.The fourth part is the refusal to pay remuneration for labor on the crime of the crime object,based on the analysis of the crime and violations of the complex object, including public and private property rights and the order of the socialist market economy, the former is the mainobject, the latter for the secondary object; and on the crime object of " labor" understandingput forward my view.