The Legislation Of The Crime Of Refusing To Pay Labor Remuneration And Its Perfection

A country’s economic development， often accompanied by urbanization.Followed by the inevitable process of urbanization appears a series of socialproblems.Migrant labor problem is a manifestation of it.China is a big manufacturingcountry， China’s economic development is inseparable from the development ofmanufacturing industry.The manufacturing industry is the second part industry andalso is a labor-intensive industries.Therefore，the development is inseparable from themanufacturing sector workforce.A huge gap in the labor force，equipment servicefacilities，a higher level of wage income，they are like a giant magnet，attracting themajority of the rural labor force.As a result，more and more farmers to abandon theoriginal farming life away from homeland came to the city， became the new ownersof "migrant workers".Originally，migrant workers come to the city，sweat，with theirhard work for the social and economic development made a significant contribution，but can also bring a substantial amount of income for themselves and their families，live a happier life.However，some labor and employment units，taking advantage of avariety of reasons malicious arrears of their wages，ranging from a few thousand tomore than tens of thousands， as short as a few months to more than a fewyears.Unpaid wages，cut off sources of livelihood of the workers were forced，hadexhausted ways to beg for wages for themselves.As more and more events required topay wages in the public eye，whether malicious behavior of wage arrears should beincluded in the scope of criminal law regulation has become to the public sector andthe theorists attention and discussion.Finally，the "Criminal Law Amendment (eight)"gave us an explanation， punish acts of malicious wages have criminal lawbasis.However，in academic circles，whether the crime should be included in thecriminal regulation and the behavior of the defects incriminating discussion did notstop there.After a lapse of nearly two years， the Supreme Court has issued a "trial oflabor compensation in criminal cases refused to pay the applicable law a number ofissues of interpretation"(hereinafter referred to as the new judicial interpretation)， there are specific practices when implementation of the crime practices.With theintroduction of the judicial interpretation and official purposes，scholars have studiedand discussed the direction of the shift to the interpretation of the new judicialinterpretation and improvement.Now，from the new judicial interpretation issued and implemented，already hasmore than a year has passed.We can see that， since the introduction of judicialinterpretation，the crime of refusing to pay labor remuneration has been a moreeffective implementation， Nationally， crime refused to pay labor remunerationsignificantly reduced the incidence of crime， various refused to pay laborcompensation case seems to be gradually fading out of the public eye.The newjudicial interpretation of the reason for malicious behavior to reduce the incidence ofwage arrears lot，The total amount of completed cases relevant to the case filed，thepublic security organs and people’s courts at all levels to improve the lot，that isbecause it has a lot of advantages and highlights people can not ignore.The newjudicial interpretation of the legislative ideas and legislation reflects its technicallyadvanced，clear the criteria into sin and out of the sin，it is not only reflects our policyof combining punishment with leniency criminal，but to some extent，showing theflexibility of the law.Admittedly，the new judicial interpretation seems to be perfect，to widespread controversy and some problems that exist in the judicial practiceoperations，which have made a detailed explanation and definition.But whether it isfrom an academic level or from the grassroots judicial practitioners feedback，thisnew incriminating charges in practical applications，there are still some problems oflarge size or defect.Preliminary data collected and aggregated by an analysis of thecrime situation in the legislative abroad，the domestic reality of the implementation，and combining study and discuss the results of relevant experts and scholars，itpresents a new judicial interpretation there are still defects or deficiencies of a total often，for example，the scope and content of labor remuneration of workers is still notclear，to have the ability to pay the "ability" not defined，to finds large amount of timestandards should be cumulative or consecutive， government departments in the"relevant" provisions vague，and the ordered form of government is too single，etc.This paper follows the analysis principle of understanding after the first study then to find Inadequate and at last to find the improvement.First the sin was made a carefulcombing and analysis，then presents the existing deficiencies，and finally，moredetailed sound recommendations were given，to expect to play a valuable role，andthen do contribute to better protect with the legitimate rights and interests of workers.