The Study Of The Crime Of Refusing To Pay Labor Remuneration’s Legislation

On February25,2011, the Standing Committee of the National People’s Congresspassed the "Criminal Law Amendment (h)", and it provided for the crime of refusingto pay labor remuneration in its Article41, by setting the charges in the criminal lawto ease workers’ non-payment of labor remuneration due to labor disputes areemerging all over the country, so as to solve the instability caused by labor disputes inthe social factors that contribute to the harmony of our society, the Supreme People’sCourt issued the Interpretation of Several Issues "refused to pay on the trial of laborcompensation in criminal cases by applicable law," on January22,2013, hoping thatthrough the interpretation of the content explicitly refused to pay the laborremuneration criminal cases The laws applicable standards earnestly safeguard thelegitimate rights and interests of workers and social fairness and justice. Although theCriminal Law Amendment (h) provides that the crime of refusing to pay laborremuneration, let the guilt expressed refused to pay labor remuneration behavior thelaw, but refused to pay the labor remuneration sin and criminal law in some parts ofconfiguration is debatable and judicial interpretation introduced by the Supreme Courtrefused to pay labor remuneration criminal cases also modify debatable is not perfect.Access to the research of various scholars in this regard, so I try to intend this articleto improve our country’s refusal to pay labor remuneration sin, and hope to help thejudicial practice of refusing to pay labor remuneration sin.This paper is divided into three parts, the first part is a summary of refusal to paythe labor remuneration crime legislation in China, its specific content, including,firstly I expounded refusal to pay labor remuneration sin’s legislative background, thetheoretical background of this crime legislation and legislation practice background,and analysis of refusing to pay labor remuneration behavior incriminate inevitability;Secondly, I expounded refusal to pay the labor remuneration crime legislationprocess, China’s refusal to pay labor remuneration behavior incriminate the hard-won;once again author describes the characteristics of the composition of the sin ofrefusing to pay labor remuneration criminal theory. The second part is the sin ofrefusing to pay labor remuneration counts representation issues and suggestions forimprovement. Its contents include, firstly, the refusal to pay of labor remuneration crime counts representation problem, as the core concept is ill-defined problems, theideographic unknown, refers to the generation of an unknown problem, too abstractterms and the lack of specific criteria, the problem following the suggestions forimprovement of the sin of refusing to pay labor remuneration guilt representation. Thethird part is our refusal to pay the labor remuneration sin penalty configurationproblem and Suggestions for Improvement. The specific content includes, firstly,refusal to pay the of labor remuneration sin penalty configuration problem, such aslack of control criminal, penal system level is not clear enough, the lack ofqualification punishment commit, this crime may result in a criminal record ofemployment the main huge; Secondly, it includes suggestions for improvement of thesin of refusing to pay labor remuneration penalty configuration...