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Refused To Pay Labor Remuneration Of Sin Criminal Law Thinking

Posted on:2014-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:C G WangFull Text:PDF
GTID:2296330425479554Subject:Punishment law
Abstract/Summary:PDF Full Text Request
In the current judicial practice, all appeared to have "refuses to pay the laborremuneration sin" case of convicted and punished. Judicial organs through thecriminal conviction of punishment, to a certain extent deter the criminal maintain thelawful rights and interests of the employees. But in judicial practice, we still need tofurther deepen the "refuses to pay the labor remuneration sin" understanding of therelated problems. This paper tries to a typical case, the labor compensation of thiscrime, such as the scope of the standard, a large amount of problem such as thoroughcarding, studies, And on this basis, through this case, the current judicial organ forhandling the problems of this crime, which is a useful attempt, and put forward somesuperficial understanding.The first part of the thesis is a cause of action on the case, the source of the case.The case is in the collection, the comparison of related cases as this paper, on thebasis of the typical case presents to all of the readers. Small as the sparrow is, itpossesses all its internal organs-small but complete. The features include refuses topay the labor remuneration sin all aspects of subjective and objective elements of theplot, the complete and detailed discussion this crime is of important theoreticalsignificance.The second part is the introduction of the case. In order to make everyone to themerits of the case have a relatively clear understanding, in this case does not affect theunderstanding of conviction, under the precondition of the counterproposalmasterpieces the corresponding processing, in order to give readers a true, completereading feeling.The third part is about the both sides of the dispute focus. In this part, the authortry to stand in outsider’s point of view, according to the method above objectivelycontrast to reason, and thus sorting, summed up the focus of the dispute. In view ofmy writing foundation of basic skills shallow, inductive enough The fourth part is the legal analysis of the case. In this section, the author closelyaround the focus of the dispute on both sides, in combing, inductive and experts onthe basis of the relevant laws and regulations, the author put forward to the case of"remuneration" and "escape from paying" scoping,"by the relevant department shallbe ordered to pay later refused to pay" and "relatively large" criteria, such as theunderstanding of the content, thus the legal principles involved in the entire casedetailed and in-depth analysis, and finally draw the conclusion of the case.The last part is about perfect refuses to pay the labor remuneration sin thinking.This part is mainly to undertake in the process of writing this paper, especially thefourth part of this plot aspects that encountered not clearly define theory problem, andcombining the current judicial practice, all the judicial organ for this crime that someconfusion, pointed out that in this crime and punishment that exist in the process, it isdifficult to obtain evidence and the treatment effect general problems. According tothese conditions, from publish corresponding judicial interpretation, perfecting therelevant government departments of the early warning mechanism, strengthen thesocial credit system construction, etc to do some beneficial exploration, for its finalperfect relevant regulations, prevent and combat malicious back pay, who sacrificetheir own a meager strength.
Keywords/Search Tags:labor remuneration, refuse to pay, the relatively largeamount
PDF Full Text Request
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