Research On The Crime Of Refusing To Pay Labor Remuneration

Defaulting on paying wage and crime of refusing to pay labor remuneration are newly added into the 8thcriminal law amendment, which to some extent could deter the employing unit from deliberately not paying workers’ wages, reconcile contradiction between employers and employees, maintain order of socialist market economy as well.Crime constitution is the basic problem of crime of refusing to pay labor remuneration. It is made of four parts, namely crime object, crime objective aspect,crime subject and crime subjective aspect. Crime object refers to the rights of employees for labor remuneration; Crime objective aspect appears as the action of employers transferring poverty or escaping to stave off default, or refusing to pay labor remuneration when they are capable. In addition, the number of labor remuneration should be huge and employers’ refusing to pay labor remuneration is after being ordered by related departments. Crime subject includes natural persons and units. Crime subjective aspect includes crimes of both direct intent and indirect intent. In terms of related judicial cognizance, the key is distinct of similar crimes and crime forms.Refusing to pay labor remuneration is a continuous crime, referring to aggregated consequential offense but not imaginative jointer.Legislative experience of Germany, Russia, Canada and Hong Kong has provided guidance for Chinese crime of refusing to pay labor remuneration. However, our country’s current rules on the crime are not feasible to practice, thus needing to be regulated in detail. Specifically, concerning allocated-principles giving testimony liability, indictment cases should insist the principle of “the burden of proof lies upon him who affirms”, while cases of public into private prosecution should obey the principle “inverted burden of proof”; As to the time of refusing to pay labor remuneration should adopt Russia’s legal time; Apart from these measures, related links and coordination mechanisms, peasants workers’ wage deposits and security system and corporate social responsibility system should be improved.