Research On Reject To Pay Remuneration Crime

Amendment of criminal law in the last year added to refuse to pay labor remuneration crime, indicates that China’s top legislature for back pay problem seriously highly, hope that through the criminal law provisions sufficient to protect our country laborer legitimate rights. This refusal to pay remuneration for labor behavior, from the experience of the civil law, administrative law adjustment stage to the present criminal law adjustment stage. But because our country criminal law provisions of the provisions were not specific enough, for example, does not require the subject of crime, crime amount of provisions and so on, leading to difficulties in application in judicial practice. Some foreign countries about the rules to make very specific provisions. In China as a new crime, need draws lessons from foreign legislative provisions or is in our country criminal law on the other charges provisions, to specific regulations about the constitutive elements of a crime in which several elements of the specific scope and conditions. In the aspect of subject" crime" should be included in the labor relationship of employers and labor relations, legal relations of contract relationship between all employing units, but special circumstances some employers cannot become the subject of the crime of. Objective aspects of" labor"," large amount", while other branches of law related regulations. Criminal significance of concept is not equal to the general law, its scope should be in other department law made some correction. The" labor" should include wages, allowances and subsidies, bonus, economic compensation, its scope than in labor contract law prescribed widely." Large amount" is a person’s act constitutes a crime quantity standard, specific amount can reach the" larger" and constitute crimes, apparently did not take into account the additional charges. In the crime of" large amount" is a very important role, it is as the distinction between crime and non-crime standard exists, so can not be ignored. Specific how to determine the" large amount" standard can refer to other crime criminal law provisions, such as" theft"," fraud". Behavior through the transfer of property, escape and have the ability to pay but don’t approach refused to pay labor remuneration, requires that the perpetrator of this crime subjective deliberately deliberately. The concrete behavior people pay workers act to continue the long time can be established to refuse to pay labor remuneration of sin, which is the judge of the subjective intention of a given. Default duration can influence the crime. In short, the subject of the crime, the objective aspect of the performance needs of the "two high " specific interpretation standards.