Research On The Understand And Application Of The Crime Of Refusing To Pay Remuneration For Labor

In recent years, the event of defaulting the labor remuneration has occurredfrequently，and the bad impact caused by which should not be overlooked. In order toregulate the act of defaulting the labor remuneration, the criminal of refusal to pay thelabor remuneration has been regulated into" the Amendment of Criminal Law (Ⅷ)".Therefore the Judicial Interpretation concerning the subject criminal has beenintroduced on January,2013. At that time, the thesis starting with the relevantprovision of abroad and combining the relevant provision of the Judicial Interpretation,through the measure of contrast and illustration, discusses the constitutive requirementof the subject criminal, the relationship of the subject criminal and the other relevantcriminals and the problems of measurement of penalty to make it better apply for thepractice. The thesis is divided into three parts:The first part is the focus of the thesis. Combing the Judicial Interpretationintroduced presently， the four constitutive requirements has been unscrambledwherein the subject and the objective aspect has been selectively analyzed. In the partabout the subject, the four situations has been introduced the dispatching laborrelationship, indirect labor relations, illegal employment, actual control of the Unit.The objective aspect is complicated and this part is the important and difficult pointsof this thesis. This part with the combination of Judicial Interpretation,“the Way ofact”,“relatively large amount”,“ordered to pay by relevant government departments”and harmful consequences have been recounted.The second part is concerning the relationship of this criminal and the otherrelevant criminals, mainly about the identification of criminal of encroachment,criminal of refusing to carry out the decision and ruling, criminal of false bankruptcy.The last part is about the measurement of penalty. In view of the provision of theJudicial Interpretation, the circumstances of sentencing have been narrated, mainlyfocusing on legal mitigating circumstances and discretionary circumstances whenserious results have been caused.