The Crime Of Refusing To Pay Labor Compensation

On January22nd, the Supreme People’s Court of the People’s Republic of Chinaissued the <Interpretation of the Issues of Applying the Law to Try the Crime ofRefusing to Pay Labor Remuneration>, which further clarifies the applicationstandards, including terms definition, standards for conviction and sentencing, andunit crime, for the related criminal cases. This judicial interpretation took effect onJanuary23rd,2013. The interpretation plays a positive role of protecting thelegitimate rights of the labor, maintaining the stability and security of society, andpreventing the crime of refusing to pay labor remuneration. However, there werestill several cases about refusing to pay labor remuneration; and the ways that thelabor collected the remuneration were so unique that they widely attract the attentionof media and public. Although the interpretation has been issued, and has beenpublicized to a great extent, the crime of refusing to pay labor remuneration stillhappens. Accordingly, this article tries to systematically explain the reason of theestablishment of the crime of refusing to pay the labor remuneration, and otherrelated issues, by widely collecting documents and literature, and theoreticallyanalyzing the real situation based on judicial practice.This paper consists of the following four sections:The first section is the introduction of the crime of refusing to pay laborremuneration. This section mainly discusses the necessity and feasibility of theestablishment of this crime, and the amounts of this crime.The second section talks about the conviction of the crime of refusing to paythe labor remuneration. The boundaries of the crime and non-crime, and of the crimeand other crimes will be analyzed. The main point is the research and analysis of theelements that constitute the crime.The third section is the morphology of the crime of refusing to pay laborremuneration. This part fouces on the attributes of the continuing crime, commoncrime issues in judicial practice.The fourth part discussed several judical difficulties that needed to be solved when dealing with the crime of refusing to pay labor remuneration. This sectionmailny intends to clarify four aspects, including the concepts, the standards, therevision the form of action, and the proof responsibility.