Analysis Of Criminal Responsibility Of Crime On Employment

As a high-risk types of crime, crime on employment have historical origins and profoundbackground. Nowadays, our country is in the historical period of transformation, socialeconomic structure, values, culture is facing profound changes, highlight the contradictionsamong the people, increased all the labor conflict, struggle, and economic disputes, marriagecontradictions, influenced by money, money worship and other decadent ideas,"with money,what can be done" wrong idea re rooted in many people’s psychological, social morallandslide, poor sense of personal sin, to escape the legal sanction fluky mind, make employeerush into danger to such an extreme way to solve disputes, on the other hand, with the socialgap between rich and poor, pull the serious polarization, lead to some people psychologicalimbalance for money what all do, so that the formation of crime on employment in the"buyer’s market" and "seller’s market", lead to such crimes emerge in an endless stream, oftenfound in newspapers.Compared with the employ crime is rampant, research on employment crime in ourcountry is still backward, there is controversy theorists even employ crime concept,characteristics, nature of these basic issues of theoretical system, it might form a strongintegrated, China’s criminal law and judicial interpretation is not a word or two aboutemployment crime involved, resulting in the treatment of employment crime cases, notuniform application of the criminal law, damage the dignity of law and authority of justice.This paper consists of five parts, besides preface and postscript, the text is divided intothree parts:The first part, the summary of the crime of employment. Examines the historicalevolution of employment crime; through analysis and comparison, the views of other scholars,the author understand the concept of employment crime, crime on employment refers to theemployer for the realization of their own criminal intent, through the payment of acommission, requirements employees independently or ask for employees and theirimplementation of the provisions of the criminal law. Specific constitutive behavior in theform of crime. The author thinks, employment crime from other crimes main characteristic lies in its illegal trading, crime is hiring by employers to money or other property interests buy,employers benefit from or get some psychological aspects from the meet, and was hired by acommission for the purpose of do not participate in the interests of crime into.The second part, the relationship of employment crime and joint crime. Discussion onthe classification of joint crime, the crime on employment and the perpetrator, abettor,organizing offender, abettor and other concepts are compared, straighten out the relationshipbetween the employ crime and joint crime, and analyzes the realistic meaning, this concept ofindependent employment criminal theory and criminal law crime on employment predicament.The author thinks, the criminal responsibility of crime on employment must be based on workdivision classification method, the only way to accurately identify employers and employeesplay in crime on employment in the role, so as to reflect the employ crime in the role andstatus.The third part, criminal responsibility of crime on employment. The case involvingpracticed limit employee injury case as the breakthrough point, discusses the principles thatemployers and employees, criminal responsibility should adhere to the general way ofimplementing criminal responsibility, the criminal over limit criteria and employment crime.