The Crime Of Refusing To Pay Labor Remuneration

The legal interest of refused to pay labor remuneration is labor’s rewards ofownership.So the object of conduct is labor remuneration of workers. There are manycontroversies in the “remuneration”. Controversial point of view is that,whether socialinsurance, housing fund and economic compensation are part of the scope. The authorbelieves that the expansion theory have some rationalities, but do not stick to the doctrinecompletely, that the housing fund and financial compensation should belong to the“remuneration”, while social insurance should be excluded.There are two forms of refusing’s behavior, positive and negative omission. Not as aactively includes: concealing, transferring property, paying off fictional debt maliciously,fabricating debt, falsely collapsing; escaping, hiding; concealling, destroying, tamperringmaterial. Negative refers to the ability to pay but refusing,“capacity” here should includeboth paying in full capacity, and the part ability to pay; the paying time should be limited tothe payment of commitment from the obligation to pay, untill the relevant governmentordered the expiration; on the proof of having ability to pay without paying, the burden ofproof should be inverted. Under special circumstances,we should analyze specific issues.Refusing to pay for labor remuneration of “serious consequences” includes workers andtheir families’ normal production and life severely be affected, for workers to use violence orthreats of violence and leading to other serious consequences. In this, the object of violenceand threats is the workers themselves and their families, the violence should cause casualtiesfor workers and their relatives,and the threat should be sufficient to enable the workers togive up pay talks behavior. And the actors of refusing to pay labor remuneration includesindividuals and units. For determining the complex relationship between the main buildingrelationships, internships relations, labor dispatch, and labor relations, will have to combinethe theory of causation analysis.The punishiment of refusing to pay labor remuneration have an administrative penalty,“payment ordered by the government departments still do not pay,” is the proconditionsof establishing this crime. The “government departments” refers to the People’sGovernment, Labor Inspection and Social Security Department, the Courts and LaborDispute Arbitration Committee should not be included; the time of ordered to pay should preferably be limited to10to30days. On the punishment of refusing to pay laborremuneration, Criminal law formulates those people who have obligations, should be givenlighter punishment,so these people must be satisfied with basic conditions,that is no seriousconsequences and the actions must fulfill payment obligations,assume the responsibility.