On The Crime Of Refusing To Pay Labor Remuneration

The crime of refusing to pay the labor remuneration is new crime,which entryinto the Criminal Law Amendment in May1,2011.It provides legal basis for practiceto sentence.However, the judicinary have different opinions such asremuneration,large amount,the accomplished and attempted crime,the distinctionbetween similar crimes and so on since the enactment of this crime. It affect theinterpretation and application of this crime.This article study these issues withcomparative study and interpretation of Criminal Law,in order to deepening thetheoretical studies and uniform application of justice.In addition to foreword and conclusion,there are four parts:The first part introduces the background of the crime of refusing to payremuneration becomes new crime.Although the Labor Law,Labor Contract Law andother relevant laws have provision,which employers refuse to pay remuneration.Therealso have many cases in practice and lead to serious harm. Switzerland,Thailand,andRusaian Criminal Law have relevant provisions and good social effect.It is helpful forour study.The second part study the behavior of the crime of refusing to pay the laborremuneration.Respectively defines the implication of labor remuneration,largeamounts,ability to pay rather than pay,government departments and so on.It isimportant to determinate whether an act constitutes crime and how to punish thecriminal.The third part is stop form and judicial cognizance of the crime of refused to paythe remuneration.The article discusses the attempted and teimination of this crime,andclaims the basic crime have attempted while aggravated offense do not have.The forth part discusses the differences between this crime and civil violations,the crime of fraud,the crime of contract fraud, the crime of refused to execute thejudgment or order,the crime of embezzlement and so on.The behavior of refusing topay labor remuneration become crime not only come large amount but also after thegovernment authorities ordered to pay and have ability to pay still not topay.Otherwise,just civil offense but not crime.The distinction between this crime andthe crime of fraud is the behavior of the latter make the victim into error recognitionthus voluntary surrender property.But this crime is Negative Crime and pure Negative Crime.The actors refused to perform the obligations.The actor of the crime of contractfraud do not have ability to perform obligation but fraud the other party to performobligation in order to seek interests.While the actor of this crime have ability toperform lied failed to perform.The differences between this crime and the crime ofrefusing to implement the judgment or order is the object,subject and the target ofcrime. The crime of embezzlement is the case of private prosecution.The objects ofappropriation crime are relatively complicated, that is another man’s property, lostproperty or deposits kept by the doer for others.These three points can separate thetwo crimes.The distinction between this crime and similar crimes,help clarify theboundaries thus conviction and sentencing.