Study On The Crime Of Forced Labor

In today’s social economy high speed development in our country, as a social wealthcreators of the legitimate rights and interests of labor personnel are constantly subjected toabuse:A large number of unit of choose and employ persons or natural persons through suchmeans as violence, threat, forcing workers to labor, and obtain illegal interests. Due to1997criminal law regulations on crime of force worker labor hysteresis and on the applicablelimitations, cannot be a powerful blow to this kind of behavior of forced labor, So, ourcountry in2011by a "criminal law amendment (eight) modified the related terms, stipulatedthe crime of forced labor, effectively made up for the inadequacy of prescriptions of the crimeto force worker labor, to better safeguard the lawful rights and interests of workers.This article from forced labor behavior into the crime of reason as the breakthrough point,through comparing the foreign legislation about the crime of forced labor, find out theexisting problems in the regulations on forced labor behavior, reason and suggestion are putforward. At the same time, combining with the actual of "criminal law amendment (eight)"related to the crime of forced labor in the new rule gives objective evaluation. Then, using thenew law on the crime of forced labor carries on the detailed analysis and definition of theconstitution of crime, and points out that some in the crime of forced labor as it should benoted in the course of such issues as the difference between the accomplice, and other crimes,to make the new provisions of the crime of forced labor can be correctly used, to bettersafeguard laborer legitimate rights and interests of the disadvantaged groups, maintainingsocial harmony and stability.This article mainly from the following four parts:The first part, first of all from forced labor behavior into the crime reasons, combined withthe national law the provisions of the crime of forced labor, finally concludes that thenecessity of the legislation in our country, to our country about the crime of forced labor at thesame time the criminal legislation of the evolution of a comprehensive summary, as below forforced labor law modification reasons and content of foreshadowing.The second part, from the component elements of crime, criminal penalties to clarifyabout the crime of forced labor law in China needs to be modified, and the "criminal lawamendment (eight)" in this new regulations on the one hand to make a detailed elaboration,for the next part of the crime of forced labor constitutive requirements analysis and definition provides a legal basis.The third part, according to the new rules of criminal law on crime of forced labor, theconstitutive requirements of crime of forced labor analysis and define new, at the same timeabout the sentence "if the circumstances are serious" problems were discussed, and putsforward some specific quantitative factors relating to the "serious", this to our country judicialpractice has a certain reference value in the future.The fourth part, mainly on the crime of forced labor problems that should be paid attention toin the course of this paper. These problems include: the cognizance of accomplice and theprocessing of this crime, this crime and the crime of illegal detention and other crimes. Thejudicial organs to do correctly, criterions for the conviction of above problem must be attachimportance to it and for the timely and effective treatment.