The Study On Judicial Recognition Of The Crime On Refusing To Pay Labor Remuneration

The crime of refusing to pay labor remuneration added in the the eighth Amendment of the Criminal Law, in February2011.But, the implementation of the crime became the issue. With controversy, implementation would be complex. In practice, there are much confusion for understanding and implementation. In January2013judicial interpretation of the crime of refusing to pay labor remuneration proclaimed by the Supreme People’s Court. The judicial interpretations inform explicit determination standards, punishment principle for the crime to us, which, is quite important to the socity. It give us great faith that the law walking in our daily life, rather than writing in paperwork. But there still some problem needs to explain, needs to settle disputes. In order to tackle these problems, we should combine Criminal Law, Labor Law, Labour Contract Law, with Administrative Procedural Law. We should base on theory and practice to explain the criminal.The criminal primary object of refusing to pay labor remuneration is a violation of workers’ private property right, not the creditor’s rights.in contract. The secondary primary object of refusing to pay labor remuneration is sabotaging the socialist market economic order. Its basic value orientations are protection of labor interests, safeguard their property rights.Crime of refusing to pay the remuneration of behavior is a typical crime of omission. The feason have to fulfill obligations arising from criminal law. If the feason failed to fulfill his obligation with no ground for elimination of crime, he would break the law. The judicial interpretation clearly tell us how to transfer property by feason including the actor run away to another place with deposit money; transfer his cash and negotiable securities to others or hidden in secret bank accounts. The feason can falsify the salary he should pay to workers; he also can make false facts those workers against company policy so that he wouldn’t pay their salary; falsifying financial statements or false accounts is also a way to cheat workers that, business environment all of a sudden serious deterioration. He can use fake false evidence such as fake workers signature to respond the investigations. The feason making excuses for illegal purposes, for example the company broken or in massive debt, divide his property in a divorce. This article in the payment order should give us a clearly deadline for those people didn’t pay worker’s salary. Only in this way the administrative organ shall link up the procedure and judicial criminal process successful. The relevant authorities including Social human resources and social security department, the Labor administrative department, Labor dispute arbitration commissions. The court and bureau of public security is not within them.Both individual and unit can be subject of the crime. This article shall apply to the administration of safety of the enterprises, institutions, individual economic organizations, government offices, social groups and other organizations, hereinafter referred to as the units. The individual who defaulting in larger amounts after receive the payment order is breaking the law. In labor dispatch, the contractor, employer, subcontracts the contracted project party should take responsibility if they break the law whether legal or illegal.The crime aggravating circumstances beside the interpretation mentions include following condition:1Behavior and the results are consistent with the direct causality between criminal law;2Labor property rights, personal rights, and other rights and interests have been infringed.3the workers behaviors breakdown social order as public-sector.4the behaviors cause unexpected mass incident.5the facts of the damage bring irreparable damage to the worker and worker’s close relative. From the article we can see the circumstances for liberal punishment:the first the feason’s action didn’t cause serious consequences. The second the feason pay for the workers before public prosecution, the third the offender bared the liability for compensation according to law before the trail. If all these conditions are met, we can see the feason repent his error and pay economic compensation and damage compensation to workers.