The Probe Of Relating Problems About The Crime Of Refuses To Pay Remuneration

With the further development of our economy, intensified on the remuneration of labordisputes in China in some areas has even affected the stability of society. February25,2011,the19th meeting of the11th National People’s Congress Standing Committee adopted theamendment of the Criminal Law of the People’s Republic of China (Ⅷ)", refused to pay laborremuneration behavior included in the scope of the norms of criminal law on charges of thecrime of refusing to pay labor remuneration. Refused to pay the establishment of laborremuneration crime has a profound significance. The one hand, it set up to further improveChina’s legal system, making a legal basis to deal with such events, the end of the situation ofhandling refuse to pay labor remuneration behavior to rely on civil, legal regulation of laboradministration to expedite the implementation of China’s science, sound, and the formation ofthe goodness of the legal system. The other hand, judicial practice has far-reaching, grassrootscourts face the same wage offenses and will not appear again a wide variety of treatmentmethods to ensure the authority and impartiality of justice, to eliminate the in dealing withsuch behavior justice system and behavior, there may be "trading phenomenon." Refused topay labor remuneration the establishment of the crime, can appease the radical socialemotions, especially emotions of disadvantaged workers to ease the opposition of employersand workers, is conducive to safeguarding the legitimate interests of workers.This article is divided into seven parts, about30000words.The first part, refused to pay the legislative background of the crime of laborremuneration. This part will be common in China refused to pay labor compensation in theactual situation and the consequences of an overview of China’s current laws protect thevalidity analysis, and introduction of extraterritorial criminal law, refused to pay laborremuneration, and thus have the necessity and feasibility of a refusal to pay laborremuneration behavior incrimination.The second part, refused to pay the legislative context of the crime of labor remunerationand Elements. The combed refused to pay labor remuneration of legislative initiative in thissection, associated with the dispute in the legislative process, as well as the Criminal LawAmendment (h) the final shape of the crime, and then expand the basic analysis of theelements of the crime of refusing to pay labor remuneration.The third part, from the labor remuneration that the criminal object to discuss the object of the offense characteristics, the focus on the connotation of "labor compensation", and be aqualitative analysis.Part Ⅳ, in the main form of selective discussion of the main range of the multipleeconomic association identified, focusing on answers to the main range of the dispatch andthe case of existence of the economic relevance of the third person. Since the principal’sbehavior is subject to its will to dominate, in which the perpetrator refused to pay will analyze.The fifth part, refused to pay the specific behavior to analyze. This part will be the perpetratorrefused to pay labor compensation in criminal means, namely, transfer of property, go intohiding to pay and other behavior analysis, interpreting the government ordered to act.Part Ⅵ, around the amount of crime and the serious consequences to discuss theobjective elements of the crime. This section will refuse to pay labor remuneration crime inthe amount of the standard and range of serious consequences to be defined.Part Ⅶ, a simple analysis in particular reduce the subject matter of the offense.Mitigating circumstances in this section will refuse to pay labor remuneration crimesentencing plot analysis, the strict definition of its scope, to prevent the improperdowngrading of penalties and sin.In judicial practice as just issued soon after the crime of refusing to pay laborremuneration, before the introduction of the relevant judicial interpretations, there is a bigblank space, which will not only result in the improper application of the crime, such asincriminating different standards. and Lenient imbalance. But also caused by the impact of thelaw, especially criminal law, heavy penalties are running the country "is suspected to disruptthe normal legal order. Therefore, I hope that through the analysis of the crime of refusing topay labor remuneration, especially for this crime easy to controversial areas detailed in-depthinterpretation of the judicial practice, a reasonable and orderly application of the offense tobenefit.