On The Judicial Determination Of The Crime Of Refusing To Pay The Labor’s Remuneration

As there are so many normative elements of constitutive requirements in "The Amendment Ⅷ to the Criminal Law". And neither any judicial interpretation nor legislative has been formulated to the crime of refusing to pay the labor’s remuneration. That make it difficult for the judicial cognizance of the crime in real. As crime is a complex social phenomenon, the judicial cognizance of a specific crime not only should include the cognizance of the constitution of a crime, but alao should include the cognizance of the pattern of a crime、the cognizance of the circumstances of sentencing in the judicial practice. Talking about the crime of refusing to pay the labor’s remuneration, firstly, the "escape to pay" should contain the escape, transfer the property and other methods、"with the ability to pay rather than pay" need to distinguish between "competence" and "not pay"、"after the order of the government department still do not pay" should to clear "the government department"、"large amount" should be combined with social economic situations、"labor’s remuneration" should not be confined to the labor law, and the determination of a variety of circumstances of crime subject specific classification; Secondly, we should distinguish the crime shape under Joint crime, and the quantity of crime. Furthermore, there is no stop form of the crime; Finally,"an important impact on conviction and sentencing "on the regulation of aggregated consequential offense should include a variety of different results of the crime. We should pay attention to the regulations about punishment for aggregated consequential offense and lenient punishiment for mitigation and the possible problems.