Research On The Crime Of Refusing To Pay Labor Remuneration

With the development of social economy and city change advance, the phenomenon ofmigrant workers arrears’ wage is gradually highlighted, and continues to spread. The behaviorof Arrears of pay becomes the unfavorable factors of national harmony and stability. In orderto safeguard worker rights and interests, managing the phenomenon has been becoming apressing matter at the moment. In February25,2011Eleventh National People’s CongressStanding Committee passed the" criminal law amendment (eight)", which added the crime ofmalicious wages, subsequently renamed the crime of refusal to pay remuneration. By using thepenalty regulation, and administrative law and civil law, the government can increase thecrackdown to the behavior, and effectively curb acts of arrears of wages of workers. However,in the judicial practice, there are some difficult problems in the application process with areason that the laws are fuzzy. Using comparative and dialectical analysis method, I willdiscuss this paper from the background of the crime to constitution of crime, judicialcognizance and punishment. This paper is divided into the following four parts:The first part, through the view of the theory at home and abroad, I will find the point ofview on the basis of the crime. The first problem is how to deal with regulation of theinternational convention which ban on any person for back pay to be crime. By viewing therelevant legislation and practice of some other countries and regions, and, based on ourtheoretical circles, it will be leaded that the causes of making the act of refusal to payremuneration for labor is agreed with. Namely this behavior has serious harmfulness to thesociety, and should get punishment. Then I’ll introduce the concept of the crime.The second part is the most important part which mainly discusses what constitutes thecrime. In this part, I will use the traditional theory of four elements analysis, to analyze theconstitution of crime deeply. I will analyze the constitution of crime in the high level. Thispart mainly analyzes the objective requisites of crime.In the third part, I’ll solve the problems on the judicial cognizance on the basis ofunderstanding the crime essence. In judicial practice, this crime is often confused with similar charges, so that somebody misuse of this crime. Firstly, I’ll recognize the crime andnon-crime difference, and list some misleading charges, such as the crime of refusing toexecute the judgment and ruling, the crime of embezzlement and the crime of disruptingliquidation and false bankruptcy. Last I’ll propose a concept of the crime.The fourth part I’ll deal with the last question--penalty. Making the behavior into sin, itis not just to make it a rule, but to punish and reform criminals, and protect the rights andinterests of workers, the state of social harmony and stability. Under the premise ofdetermining the acts to be the crime, there is a new problem how to deal with the problem ofsentencing. This part will firstly analyze the two main principles. One is using penalty caution,and the order is balancing the different people’ interests. Then under the guidance of theprinciples, I’ll clarify people’ some erroneous understandings about the sin of legal lenientsentencing.