Research On Several Issues For The Crime Of Refused To Pay Labor Remuneration

With the rapid development of social economy in our country，More and morefarmers in order to living, in order to get considerable income and displaced, go to bigcities to seek survival. So a large number of migrant workers constantly flock to bigcities，They have become an integral part of a city， made huge contribution for thedevelopment of the city。However, the ensuing labor units or employers refused topay labor remuneration has become increasingly prominent，become the focus oftoday’s society. The behavior of Labor units or the employer refused to pay laborremuneration, serious damage to the lawful rights and interests of workers violatedthe legitimate property rights of laborers. And the property rights of every citizen isthe basic premise of the survival and development。If the legitimate property rights ofcitizens can not be guaranteed, their basic livelihood will be affected; it will lead tosocial unrest, and stimulate unstable factors. So, whether it will the refusal to paylabor remuneration behavior given the criminal regulation has become the focus ofcontroversy of the community. After a long struggle, promulgated by EleventhNational People’s Congress Standing Committee in February2011, the Criminal LawAmendment (Eight) added the crime of refusing to pay labor remuneration. Write intocrimes against property chapter of the Penal Code. The Crime of Refusing to Play LaborRemunerations referred to the ability to transfer property into hiding, and other waysto evade payment of remuneration to the workers or to pay without payment ofremuneration to the workers, a relatively large amount, by the relevant governmentdepartments shall be ordered to pay still pay behaviors.Writing of this crime criminal law，the legitimate rights and interests of themajority of workers get legal protection。"Amendment to the Criminal Law of thePeople’s Republic of China" will come into effect from May1,2011.The crime ofrefusing to pay labor remuneration into criminal. Since then, the "wages" behaviorrequires the perpetrator to pay a higher cost of illegal and painful price.In this paper, starting from both theoretical and practical aspects, further in-depththinking is done on the basis of the research of many experts and scholars. Take a more detailed analysis of several problems exist in the process of application of thiscrime, order to help judicial applicable. Relying on this, this paper is divided into fourparts:The first part: Analysis refused to pay labor remuneration crime and thenecessity of the Rules and Regulations. Starting from the refused to pay the socialphenomenon of the crime of labor remuneration in today’s society, show the dangersof refused to pay labor remuneration behavior by the most direct way. By theAnalysis and Research of whether this crime should incrimination controversy, avoidthe deficiencies of the parties view, and put forward the author’s point of view. Basedon the serious harm to society of this crime, from the point of view of the protectionof human rights，explain that the establishment of this crime is necessary.The second part：Analysis of the basis for refusing to pay labor remunerationbehavior problems from the two aspects of this crime against the object and legalinterests. From labor remuneration, analysis on the basis of judicial interpretation thesocial insurance whether belonging to the labor remuneration of the crime, thusprovides the basis for similar problems in the judicial process of application. Fromthe legal interest infringement, start from the understanding of the Criminal Law;discuss the crimes against the legal interests of workers claims. This section is thebasis of the study refused to pay the labor remuneration sin other problem.The third part: Analysis refused to pay labor remuneration criminally. Summedup the various manifestations of the behavior of the hazards exist in practice by theanalysis of the behavior of this crime hazards, relying on this study the hazards not assexual behavior. Assume payment obligations of this crime to the perpetrator as aprecondition, for the conditions to be able to fulfill without fulfilling the obligations,meet as the basic characteristics of the crime. So relying as constituent elements ofthe crime, analysis of the internal structure of this crime will be better able tounderstand and apply this crime.The fourth part is the Crime Quantity analysis of this crime, it have AggregatedConsequential situation in the formulation of charges that is "causing seriousconsequences". In this section through detailed analysis and interpretation of theextent of violence and threats ", research after the violence and threats happened, in the case of what belongs to the "serious consequences", what kind of case has causedinjury to perform multiple crimes, this is will give judicial applicable provided thetheoretical basis.