The Dissertation On The Crime Of Refusing To Pay Labor Remuneration

In the background of labor body refusing to pay labor remuneration frequently while the previous sanctions not enough preventing and controlling effectively, in order to ensure the laborers’vital interest, balance the labor relation and achieve the goal of people’s livelihood protection, the legislators made the behavior of refusing to pay labor remuneration which infracts the interest of laborers heavily into criminalization. So it has increased the punishment against the behavior of refusing to pay remuneration so that the criminal sanctions will become the most effective measure for protecting laborers’interest. Since the provisions of this crime be introduced, researchers and judicial practitioners have started to research presently and put forward some precious opinions for the judicial application and judicial interpretation. In the January14,2013, the Supreme People’s Court published the judicial interpretation which made some specific provisions about those controversial issues and provided the definite basis for the judicial application. While because of the abstract of the criminal law, the researchers still have different opinions on some controversial issues, such as the crime object of this crime, the form of sin, the rang of the government and so on. The emphasis of this article mainly research the controversial issues of the constitution of this crime. I try to adopt the fundamental of Marxist political economy and the results of theoretical studies about criminal law, labor law, administrative law and so on to understand this criminal provisions and put forward my own opinions so that I can do some contribution for the judicial application. This article is divided into three parts:The first part mainly expounds The legislative background of the crime of refusing to pay labor remuneration, the legislative purpose of the crime of refusing to pay labor remuneration, the theoretical basis of the crime of refusing to pay labor remuneration, the foreign legislation about the crime of refusing to pay labor remuneration. First of all, I analysis the present situation of the phenomenon of refusing to pay labor remuneration and the current legal situation about the protection of laborers’right and interest before the establishing of this criminal provisions. Secondly, I analysis the legislative purpose of the crime of refusing to pay labor remuneration. Once again, I analysis the relationship of dialectical unity between the establishing of this criminal provision and the consideration of the tolerance principle in criminal law based on the background of the "difficult pay talks" and the basic theory of The consideration of the tolerance principle in criminal law. Finally, I briefly introduce the foreign legislation about this crime.The second part is the core of this article, mainly puts forward and demonstrates my own opinions about the main object and the secondary object of this crime, the unit subject and the natural person subject, the form of sin and so on. First of all, I analysis the main object and the secondary object of the crime of refusing to pay labor remuneration based on the fundamental of Marxist political economy and some results of theoretical studies. Secondly, the content is mainly the understanding of harmful behavior and the interpretation of "the charging of by relevant department of the government". Thirdly, I analysis the unit subject and the natural person subject of this crime and concluded that the natural person subject of this crime should be special subject based on the labor law and labor contract law. Last, I analysis the form of sin of the crime of refusing to pay labor remuneration.The third part mainly analysis some difficult problems about the judicial application including the range of the labor remuneration and defined standard about "serious consequence". First of all, I analysis the difference between labor remuneration and wage based on the Labor law and Labor Contract law. And also I demonstrate whether or not is the social insurance or the economic compensation belong to the criminal object of this crime. Then I analysis the causal relationship between "serious consequence" and "harmful behavior" as well as the defined standard of "serious consequence".