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On The Crime Of Employing Child Laborers To Do Dangerous And Heavy Work

Posted on:2016-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2296330461471733Subject:Criminal Law
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In the age of humanism as a legislative character of the rule of law, our laws can be likened to a kind of tree, it has the humanistic care, its source trait is that it provides certainty, fairness, and so on our criminal law is also belongs to it. From form to understand, most of the time, the results of criminal offender is that, deprive others of their lives, limiting human freedom, confiscation of property and deprivation of an eligibility as members of society, meaning that a tooth for a tooth. However, as a manifestation of nature, reflect the common will of the people of the criminal law, also have the good features of the law. We should re-evaluate the criminal law, previous evaluation of the Criminal Code gives the only harm is wrong In recent years, when changes to the Penal Code, my country attaches particular importance to the disadvantaged members of society more humane care. As the criminal law revised after new charges, employment of child labor in hazardous labor and other labor crime settings, compared with the 1979 Penal Code, criminal law of our country pay more attention to the labor rights and interests protection of socially vulnerable groups.The law’s value lies in practice rather than logic. The criminal law have the charges that hiring children to do dangerous work is prohibited, but the problem of child labor has not been eradicated in China. Real negative feedback requires the law to improve, it is necessary for us to reflect on charges setting, because charges of setting must be able to meet the actual needs of punishing crime. This paper will focus on the concept of hiring children to do dangerous work, identification of crime, punishment, and so on. Through the comparative analysis of the foreign legislation, for our country drawing on good practice experiences, in order to ultimately achieve that perfecting the charges that hiring children to do dangerous workThis paper is divided into four parts:The part one: Introducing the charge that hiring children to do dangerous work, the legislative background, the concept, and the meaning of the behavior to be punished. Transformation of economic development mode has caused the upper system design changes, truly by modifying the Penal Code protects the interests of under 16 years old child. Employment of child labor in hazardous labor legislative intent, not to protect child workers get paid, its purpose focuses on the protection of children.The part two: analysis of constitute of crime of child labor to do dangerous work. Through the employment of child object, the objective aspect of the crime to do dangerous work, subject, subjective resolve completely blocked out outline of the crime of child labor to do dangerous work.The part three: determination of the crime of child labor to do dangerous work. Law is relatively static, and criminal behavior and constantly changing. Due to a number of administrative law and criminal law provides for child labor acts and their legal consequences, so it is necessary to distinguish between legal acts and administrative offences, administrative offences and criminal offences. Thus in practice, the qualitative and penalties for illegal behavior can be accurate.The part four: This section points out that our criminal law provisions relating to the employment of child labor in critical labor shortage, and put forward a proposal. Firstly, introducing United Kingdom United States France Japan and other countries in criminal law provisions relating to the employment of child labor in labor, through the United Kingdom United States France Japan and other countries analyses the present legislation, complete sketch out the foreign criminal law on child labor legislation to protect the overall outline and summarize characteristics. Secondly, the criminal law provisions relating to the employment of children to do dangerous work in the review problems of crime and punishment, from criminal law to regulate legitimate, comprehensive protection of child labor through the physical and moral integrity, freedom, the introduction of alternative measures the amount of fine, additional qualifications, such as put forward legislative proposals.This paper adopts a comparative analysis, document analysis, value analysis, research methods, and thorough analysis of the crime of child labor to do dangerous work, as a vulnerable group of children under the age of 16, and has reached the age of 16 minors under the age of 18 engaged in certain criminal law work when physical and mental health development of the humanity.
Keywords/Search Tags:the concept of the crime that hiring child to do dangerous work, the, legislative origin, the significance of a crime, the constitutes of a crime, identification of a crime, the penalty, the perfection of the legislation
PDF Full Text Request
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