Research On Legal Application Of The Refused To Pay Labor Remuneration Crime

Since the reform and opening up, China’s economic got rapid development. The Chinese society gradually enter a period of employment, salary income has become an important part of our country residents income. The phenomenon of employers refusing to pay labor remuneration is widespread.In order to safeguard the rights of laborers, the behavior of refusing to pay the remuneration was formally incorporated into the criminal law by the criminal law Amendment VIII. In order to make this crime play a better role in practice, the Supreme People’s Court issued the judicial interpretation. Although the Supreme Court’s judicial explanation to this crime made detailed provisions shall be applicable, but the difficulties didn’t completely solved. Only solving these obstacles, can we guarantee the laborers’ right actually.Start with the perspective of literal construction, this article aim to find out the theoretical disagreement which still existing in the law of the land under the framework of the constitutive requirements. Writing this paper aim to put forward the suggestion to solve the problem which existing in practice by rational analysis. By this way, we can make sure that the crimes ordinance can play a proper role in practice to protect the lawful rights of laborers. In this paper, the text is divided into five parts:Part I:Analyze the criminal object of the crime of refusing to pay labor remuneration and indicates that its criminal object is not the only one, including two of the socialist market economic order and the rights of labor remuneration. Regard the "labor relationship" as the judgment standard to judge the laborer and clarify the reasonable scope of remuneration.Part II:This part mainly analyzes the objective requisites of crime. Combined with the concept of crime and subjective and objective constitutive requirements, join the case to analysis the importance of the procedure rules and the ability to pay labor remuneration. There are two forms of refusing behavior, positive and negative mission:concealing property positively or refusing to take responsibility by negative inaction. To comb the logical relation of two kinds of objective behavior.Part III:Try to research the subject of this crime based on the law, combining with theoretical disagreement. Try to define special relationship between the contractors and workers. Finally putting forward the standard of the subject of this crime based on the reality of our country.Part Ⅳ:This part mainly analyzes the subjective aspects of the crime. Follow the subjective and objective consistent principle to make conviction of crime to the criminal offenders. Whether criminal offenders must have the purpose to refuse to pay the labor remuneration of laborer in the subjective aspects of the crime.Part Ⅴ:The last part will give some suggestions for improving the penalty system of the crime of refusing to pay labor remuneration. Through the above analysis, under the guidance of the slight trend of penalty, we will improve the penalty system of crime by adding the the qualification penalty and honorary penalty.