| May1,2011added to refuse to can not stand up to pay to labor guerdon, butapplied the case of the criminal charges very few since the penal code revisionbill(eight) of implementation.The offense physically applies the present conditionexpects with its lawmaking to exist a certain margin, the writer thinks on the otherhand reason that being owed salary law consciousness by the malice is weaker, don’tknow to make an appeal to legal action, on the other hand the reason is that thelawmaking maneuverability of "refusing to can not stand up to pay to labor guerdon"oneself isn’t strong.This text is with the writer participate in of the place court take up in2011ofdecorate, repair together a series of controversy caused by case of contract dispute forthe starting point launch discuss.Relevant the case, the writer is from the definition ofthe offense, committed crime to constituted, pursue for a condition and pursued forbehind reaching agreement of the party concerned with settle sex, affirm that center ofgravity and concrete allotment etc. of general principle, the offering as proof ofoffense’s responsibility allotment, penalty of the offense carry on analysis and made ashow of case fact and dispute the basis of focus and case processing, and investigatedit inside of law idea Yun.Finally, the writer passeses discuss judicatory practicemedium should insist carefully a Xing principle, well develop the penal code managesin the society in of people’s livelihood guarantee function of conclusion, point out theoffense of go into the penal and main purpose is the labor that guarantees worker toremunerate power and maintenance socialism economic order, not punishment crime,so the whole judicial activity all should with maintenance worker legal rights, carryout its labor guerdon right as center, as long as the labor that can carry out workerremunerates power, the law should use flexibly on the performances of the pursuingfor, affirming of offense, penalty. |
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