On Refusing To Pay Labor Remuneration Crime

Our country criminal law amendment in criminal law by adding eight provisions"refused to pay the remuneration of sin", not only to the employers wage has great threat,make its can’t easily pay default laborer, on the other hand also hoped the laborer salary morethan a reliable way to solve the problem, the more important is, the criminal law as asafeguard the legitimate rights and interests of the citizens last a barrier, really powerful avoidrefused to pay the remuneration events which model affairs, and the contradiction betweenboth of the sharp conflict between capital and labor, and safeguard the normal order of themarket economy, and for building a harmonious society to provide the strong stableenvironment. In this paper, the author of the wage behavior of the related theory ofexploration and the comparative study of the legislation situation at home and abroad, andcombined with actual situation in China, refused to pay around the sin of judicial cognizanceis analyzed. Refused to pay the remuneration sin is double object, already violated the laborerfor the legal rights of the labor compensation, and disturb the social economic order;According to this crime in the objective performance difficult problem was discussed. Thissubject is the special subject, including natural person and unit, in the subjective aspect musthave paid or not pay to escape from the labor compensation of employees in the intentional,including direct intentional and indirect intentional. Of course the new crimes like the newyoung birds, wings is not plump, practice is not only easy to sin against property this kind ofcrime causes confusion, and still face numerous legal trouble, such as whether the threat is notclear enough, concept brought judicial practical difficulties, difficult to put an end to the elderbrother and controversial issues such as salary, so, still in practice need to accumulateabundant experience, through the relevant judicial interpretations of the labor compensationscope, fails to pay the remuneration of the time problem,"instruct pay still do not pay","largeamount" of the standard and the "has the ability to pay", constantly perfected, so that to this crime treatment really rise to protect workers’ lawful property rights and maintain socialstability role.