A Preliminary Discussion On The Utility Of Criminal Law In Settling Disputes Between Capital And Labor

At present, China is undergoing a period of social transformation, the rapid economic development, social contradictions increasingly. The occurrence of labor disputes increasing straightly, which aroused the attention of all. The occurrence of labor disputes not only broken the principle of good faith of market economy, but also conducive to social harmony and stability. Labor rights is a fundamental right of citizen, it not only needs the protection of the labor law, administrative law, civil law, also needs the protection of the criminal law. Workers’ rights protection of criminal law is not only a major issues concerning people’s livelihood, but also a complicated legal problems. Under the condition of market economy, labor freedom gradually realize, labor relationship has changed, and the aspects of the legal system of labor is not too much progress.However, faced with the labor disputes occurred frequently to the orderly development of market economy and its great influence, China’s criminal law should be how to interventional, adhere to the principle of how to intervene, to what extent, as well as labor criminal law should establish an independent branch discipline of criminal law and other issues become the focus of academic discussion. Therefore, this article mainly from the labor dispute resolution, the criminal law intervenes in the development of labor disputes, the necessity of national criminal law and the present situation analysis, China’s criminal law should be how to intervene and malicious back pay in Chinese criminal law criminalizing five parts in this paper. The first part of this paper introduces the related concepts of labor disputes, the types and characteristics of the criminal case and the reasons, the object of this paper to have a clear knowledge and understanding. The second part, this paper discusses the criminal law from the aspects of big step in the necessity of labor disputes. First, expressed some scholars concern about criminal law in labor disputes. After demonstrates the necessity of criminal law intervention. Through the analysis I think criminal law involved in labor disputes is the inevitable outcome of social development; Criminal law intervention is the need of the imperfection of the existing legal way in our country; The intervention of criminal law is to promote social stability and harmony, the effective ways to enhance the social equity and justice. The third part is the study of western labor criminal law and development, Labor criminal law of our country is still didn’t get the attention of scholars and research of the criminal law educational world, and called for the establishment and completion of labor in our country criminal law. The fourth part is mainly to China’s criminal law should be discussed how to intervene disputes, is not only the transformation of the concept and theory of attention also needs the establishment of the system. Finally, the article in the fifth part to our country the malicious back pay crime are analyzed and reviewed in this paper, and some Suggestions on the perfection of criminal law adjust the labor disputes.Epilogue part of the article is summarized and the summary, and expounded some not mature opinions. The author believes that criminal law is involved in disputes in our country under the background of the present environment and large a trend; The setup of the criminal law is to punish crime and protect the people, To put it another way, it is the essence for citizens to solve the problem, to maintain social order, realize social fairness and justice. To achieve this purpose, however, is ensured. From the current situation of labor dispute whether it should be involved in criminal law, is a from the legislative, judicial, and considering the problem of legal effect. First of all, on the legislation, the special properties of the criminal law in its involvement in labor disputes would be against the austerity of criminal law principle, many countries are currently carrying out "to punish" policy, our country also in reducing the death penalty in the criminal law. However, laws set investigate its ultimate purpose, is to address the issue of civil reality, maintain social order. So when the other legal system can achieve when we pursue the ultimate legal effect, inevitable requirement means tougher:criminal law intervention. On the judiciary, the labor administrative departments of work, procedures multifarious, causes such as excessive price cannot completely solve the labor disputes, This requires the intervention of criminal law, perfecting labor dispute processing mechanism. But the intervention of criminal law must have great operability and practicality, in order to avoid law failed, cause the effect of the "paper". Finally, the analysis on the legal effect, whether the criminal law should be involved in the final measure is the legal effect and the broad masses of the people’s perception, Only gradually perfect in legislation and judicature, in the end to help workers to solve real problems, to achieve the unity of the social effect and legal effect, so that labor criminal law to have a living place, but Rome is not build in a day, the involvement of the criminal law is just beginning, believe in a future legislative, judicial, and real life will be more and more perfect.