The Research Of Refusing To Pay The Payment For Labor Crime Certain Question

To attack, contain our country evil intention back pay phenomenonincreasingly fierce tendency effectively, in2011our country "the Criminal lawBill for amendment (Eight)" is punished it and determined that is “refuses topay the payment for labor crime”. Regarding this new charge being suitable,our country theorists and practical realm existence numerous difference opinions.This article will carry on to them combs, the summary and based on this furtherexplains, elaborates own viewpoint. The full text divides into four parts:The first part: Refuses to pay the payment for labor crime introductoryremarks. In this part, this article first take refuses to pay the payment forlabor crime’s legislative epitome of history as a starting point, elaboratedis punished the reason the malicious back pay behavior, contrasts the overseascountry area criminal law to this behavior stipulation, has analyzed our countrycriminal law stipulation good and bad points. Based on this, this article hasfurther explained this crime charge establishment and the concept question.The second part: Refuses to pay the payment for labor crime’s crimeconstitution important document analysis. This for this article key researchpart, take the crime four aspect’s constitution important documents as a clue,to refuses to pay the payment for labor crime’s crime constitution to launchthe analysis one by one. First, this crime’s main body including common naturalperson, also includes the unit, and the State agency also constructs the costcrime unit main body. Next, this crime objective aspect explanation, including:First, two basic behaviour pattern’s understanding, namely “the escapepayment” was refers to not warrant to implement the transfer property, toabscond positively and so on behaviors, regardless of author whether to have ability payment;“has ability to pay, but does not pay” is refers to the authorto have ability to reimburse the payment for labor which falls behind, but itsrefuses the behavior which negatively pays. Second,“the amount is big” tothis crime the understanding to divide two levels to carry on, namely Shan Bifalls behind the payment for labor to achieve5000Yuan or the overall amountsto10000Yuan to be possible to recognize that is “the amount is big”. Third,right “ordered the payment after the governmentDepartment concerned still notto pay” this procedure important document understanding. This article believedthat this stipulation science is not only reasonable, and this “the governmentDepartment concerned” only refers to “the work Administrative department”,not including Public security organ and so on other Government department. Whenis suitable this administrative procedure important document should insist that“the reasonable judicial relief elimination crime” the principle, namely tois applying for the author who the administration reconsiders or files theadministrative proceedings not to make crime processing. Fourth, to this crime“serious results” recognizing. This article believed that recognized this“the serious results” should insist two basic principle--this seriousresults are refuse to pay the payment for labor behavior direct or the indirectconsequence, and serious damage worker and sponsor’s legitimate rights andinterests. Like this we can recognize accurately in practice serious resultsof all forms, like creates the worker and the sponsor permanence injury, hasthe bad social impact or the serious harassment social order, creates thesignificant property damage and so on. Once more, this crime subjective aspect.This article thought that refuses to pay the payment for labor crime includingthe basic crime and the grave offense, the author to the basic crime’s subjectivecrime including actual intent and indirect intentionally, to grave offensesubjective crime including indirect intentionally with error. Finally, this crime object aspect. This crime is the dual objects: Worker’s property rightsand the socialist market economy order, the former is the main object, the latteris the secondary object. At the same time, this article thought that right “thepayment for labor” should do understood generally, also includes the base pay,also includes the bonus, the allowance, the overtime wages, the social security,the economical compensatory payment and so on; Right “worker” recognized thatshould unify stipulations and so on labor law, civil law and trade union law,its determination is “the payment for labor the human who originates for thecome income, but National worker and enterprise high tube exception”.The third part: Refuses to pay the payment for labor crime, in the judicatureis suitable several hard problems in question. On this crime crime numberquestion, this article thought that regarding fords “the black security” tosend the person casualties black because of the resistance payment for labor,should defer to refuses to pay the payment for labor crime, the organization,the leadership, to participate in the organized crime nature organization crimeand intentionally the assault or the murder crime implements thesimultaneouspunishment for several offenses intentionally; To has not forded “the blacksecurity” to send the person casualties black because of the resistance paymentpayment for labor, should defer to refuses to pay the payment for labor crimeand intentionally the assault or the murder crime implements the simultaneouspunishment for several offenses intentionally. At the same time, this part alsoto this crime with other similar crime celebrated work contrastive analysis,and analyzed obtains this crime not to have the crime not to complete the shapethe conclusion.The fourth part: Refuses to pay the payment for labor crime to consummatethe suggestion. Through carries on the discussion analysis to the above threequestions, this article to refuses to pay the payment for labor crime to propose that following three consummate suggested: First, suggested that is clear about“the escape payment” by judicial interpretation’s form,“to have ability topay, but does not pay” concrete situation; Second, suggested that increases“the continual three months” in this crime not to pay the payment for laborthe time important document; Third, the suggestion "Criminal law" the276th3rdsection of refinement will be two items: One item is “has the first two sectionof behaviors, not yet creates the serious results, pays worker’s payment forlabor before putting on record, and accepts the corresponding liability ofcompensation legally, must reduce or the absolution punishment.”; Another itemis “has the first two section of behaviors, not yet creates the serious results,pays worker’s payment for labor before the decision, and accepts thecorresponding liability of compensation legally, may leniently or the mitigatedpunishment.