On The Crime Of Refusing To Pay The Labor Remuneration

After the market economy system was established in China, driven by theeconomic interests, the evil behavior that employers default workers’ laborremuneration despite repeated prohibitions, country continuously introduced newmeasures to governance, but it is still difficult to inhibit it. To crack down on suchbehavior, the crime of refusing to pay labor remuneration is added in the Criminal Law,providing the powerful guarantee of the criminal law for protecting the lawful rights andinterests of workers.To enhance the operability of this crime, the Supreme People’s Court issuedjudicial interpretation this year, however, no matter in theoretical circles or in thejudicial practice, this crime still exist many problems to be solved, it is necessary to ruleclearly. This paper mainly use the research methods of the value analysis, data analysisand empirical studies, starting with the legislation background of adding the crime,combing the important basis for adding this crime, clarifying adding this crime does notviolate the Restraining Criminal Law. On this basis, this paper details the conditions thatthe behavior of refusing to pay labor remuneration is able to establish this crime,explores the judicial application problem of this crime, and puts forward some humbleopinion that our country should establish supporting systems to punish comprehensivethe behavior of refusing payment.This article is constituted with preface, body and conclusion three parts. The bodyincludes following three parts:The first part introduces the legislative background of the crime of refusing to paylabor remuneration. In this section, the paper analyzes prevalent behavior of refusing topay labor remuneration in society, as well as the serious social harmfulness caused by it,and detailed the important basis for adding this crime, including: current laws cannoteffectively punish the default behavior; lack of punishment measures for the behavior incriminal law; foreign successful legislative activities and practice provide the beneficialreference for our country. Since then, the paper further analyzes the reason that addingthis crime is just the best embodies of the Restraining Criminal Law.The second part analyses the constitutive requirements of the crime of refusing topay labor remuneration. In this section, this paper adopts the traditional four elements theory, combining with the specific provisions of the Criminal Law Amendment (eight)and the explain, interprets the constitute conditions of this crime---the criminal object,the objective aspect, the criminal subject and the subjective aspect. Through the analysisof the constitutive requirements of this crime, explaining the establishment of this crimeneeding strict requirements, the criminal law is not equal to “severe-Penalty Doctrine”.The third part explores the judicial application about this crime and establishingthe related system. This part is divided into three specific sections: the first section is thejudicial determination problem of this crime. Including: the scope of the "workers"should not be limited to workers in labor relations under the labor law; the scope oflabor remuneration shall be extended to the social insurance and economic damages,economic compensation; the state organs in the body need to be order by the relevantdepartments in the government. The second section is the legislative identification ofthis crime. Including:(1) this crime should not belong to the crime handled only withcomplaint, and that is the case of public prosecution;(2) the relationship between thegeneral wage arrears behavior and this crime,(3) the relationship between the crime ofrefusing to execute judgments or orders and this crime. The third section is establishingthe supporting systems to punish non-payment behavior. In the hope of multi-pronged tomanage jointly non-payment behavior that maybe cause serious social harmfulness, andfinally achieve the ideal goal of “No Default City” nationwide.