Related Studies Of Refused To Pay The Labor Remuneration

Nowadays，with the intensification of social contradictions，the labor disputes occurredfrequently，this has inspired a large number of mass incidents.“criminal law amendment ofeight “put “refused to pay the labor remuneration”which past belongs to civil law behavior intothe scope of criminal law regulation. On the condition of adhere to the modesty principle ofcriminal law,“criminal law amendment of eight”brings that may be converted to mass socialcontradictions into criminal law, the supreme people’s court explain “refuses to pay the laborremuneration” in order to further increase the crime of judicial application of certainty，thejudicial interpretation, to a certain extent, make up for the deficiency of the legislation anddefective. A lot of courts made some sentences according to this regulations. However,comprehensively compare the court trial and the case verdict, they still have somedifferences.but “refused to pay the labor remuneration” is a new crimes. There are still somedisputes in theoretical research and judicial use process such as how to define the use of thiscrime subject and the behavior modem, where there are still a lot of controversy. This articleattempts to use two cases for further analysis.This paper is to start with the criminal law, the civil law, the labor law,the administrativeprocedure law and other laws and regulations, combined with theory of criminal law, in depthanalysis the constitutive requirements elements of “refused to pay the labor remuneration”, suchas how to identified labor remuneration, how to identified refused to pay behavior. Scientificallydefining the controversial issues in the judicial practice. provide a unified standard for judicialapplication. First of all, I introduced two issues through the introduction of the case, namely, howto identified wages for labor remuneration and refused to pay behavior,which should bedetermined from the typical cases of judicial application. Then I refined sin of “refused to paythe labor remuneration “, such as the scope of labor remuneration, labor remuneration, laborcompensation priority, the principle of refused to pay, subjective aspects of crime, the behaviormodem of refused to pay, the time limit of refused to pay and the administrative prepositionalprocedure. Finally, I concluded that two cases of solution. This paper hold the view that,to identify labor remuneration, we should expand explain as all the workers of all labor income.Toidentify refused to pay behavior, we should take “have the ability “as the prerequisite. Becausethere is an administrative prepositional procedure before enter the judicial process.