Research On The Crime Of Refusing To Pay Labor Remuneration

The theory of refusing to pay labor remuneration behavior into crime was discussed for a long time.The traditional views thought that the behavior which based on the creditor’s rights debt can be adjustedin civil field. The supporters argue that the behavior seriously infringed upon the legitimate rights andinterests of workers, and has become the social security risks. The criminal law can play an effectivelyrole, better maintain social stability and protecting laborer’s rights. And also the compromise said thatwe also need to have more study. The legislature had to come up with an answer. The Criminal LawAmendment8made the behavior of malicious wages in chapter of the Criminal Law against property,as one of the276and officially recognized it as the "refusal to pay labor remuneration crime" OnFebruary25,2011. The crime is widely discussed among the academics. The judicial interpretationpromulgated on January,2013. The judicial interpretation covered the definition of the crime, theconviction and measurement of penalty standards, and also the crime committed by unit. However, thediscussion of the charges is just a simple criminal law instructions. There isn’t have agree on some basicconcepts of qualitative consensus. The charges need to further improve.The paper adopts literature research and comparative research, which based on the existingliterature, policies and regulations. This paper aims to interpretation the crime of refusing to pay laborremuneration’s constitutive requirements, to define fuzzy concept. The main task is apply this crime inthe judicial practice of the problem, and can help to the improvement of the law.The paper is divided into three parts. From the legislation background, theoretical support,constitutive requirements to the judicial practice, the author try to sum up others points of view, andmake her own conclusions in reasonable. The first part’s main idea is clear the process and thetheoretical basis of the crime. The second part is the analysis of the constitution of the crime. The thirdpart is the identification of this crime in judicial practice, as well as established for the result-aggravatedcrime and circumstance for sentencing considerations.