The Reasonable Studies About Malicious Wages Transforming Into Offending

In recent years, the emergence of a large number of malicious wages behavior led to alarge number of mass incidents and serious incidents, and it has become an important issueof the violation of the rights and interests of laborers.This attracted the attention of socialand related sectors,start by Premier Wen Jiabao to help migrant workers beg for wage in2003.Fang Chaogui as national people’s congress of Guangdong province moved a motionfor the first time the problem of arrears of wages in2005.He strongly recommended thatintroduced the crime of malicious wages in the penal code,after that increasing demandsfrom all walks of life requires malicious wages into the criminal.Finally,Criminal LawAmendment (h) Specifies refused to pay labor remuneration sin in February25,2011,sothat the criminal regulation malicious wage offenses.Malicious wages behavior is anobjective existence and universal.Therefore, the criminal law to regulate it, which seemsto conform to the requirements of the majority of public opinion and increase the cost ofillegal malicious wages to stop malicious wages can play a more significant role.ButMalicious wages into the penalty did not solve the problem of arrears of wages ofworkers,and did not play a role in maintaining the legitimate rights and interests of labor.Essentially a civil offense by the criminal law regulation, contrary to the Criminal Lawmodest and restrained.Therefore, based on the behavior of malicious wages has beenconvicted, I will not discuss the problem whether can incriminating, but from whether it isreasonable into the criminal.In this paper, using a systems approach, literature analysismethod, empirical research methods into the reasonableness of the sentence for maliciousWages are discussed.The paper is divided into five parts:The analysis of the first part bythe nature of the behavior of malicious wages malicious wages behavioral manifestations aswell as reasons for a comprehensive understanding of malicious wages.The second partthrough wage provisions for the legislative background and purpose of legislative judicialmalicious wages into a sentence for malicious to investigate malicious wages crimelogic.The third part by the previous analysis of the discussion malicious wages into thecriminal legal paradox and reality embarrassment.The fourth part of the cause of theproblem is the third part of the analysis, further argues malicious wages into a sentenceunreasonable.The fifth part the malicious wages acts of civil administrative means perfectproposal.The final conclusion is malicious wages into criminal irrationality exists, must beintegrated in order to better solve occurrence of malicious wages behavior, improve themeans of civil law administrative law legal.The innovation of this paper is to no longer discuss malicious wages if the problem into the sentence, but based on the perspective of the civil and criminal interactivediscussion of their sentence in the case of malicious wages into punishment isreasonable.Empirical point of view from the legislative point of to solve malicious wagesinto criminal reasonable issues not limited to theoretical analysis.