On The Crime Of Refusing To Pay Labor Remuneration

In China, it benefits employers more than it costs them to refuse to pay the labor remuneration. Therefore, it is very common that employers refuse to pay the labor remuneration and the unpaid workers resort to vio lence and other means to claim back payment. That employers refuse to pay labor remuneration seriously infringes on the legitimate rights and int erest of employees, and even more, disrupts social order. The legislation o n the crime of refusing to pay labor remuneration makes up the defects o f the criminal law on labor. It also promotes the safeguard mechanism for labor rights and interest, protects workers’rights to labor remuneration a nd improves the management of employing units. However, with a weak t heoretical basis, vague concepts in naming the crime, and lack of clear st ipulation on the link parts between the criminal justice and the administra tive procedures, accusation on the crime of refusing to pay the labor rem uneration is not fully at work. Up to now, there have been numerous rese arches on this crime, but still insufficient to deal with all kinds of situati on in judicial practices.This thesis consists of three sections. Section 1 provides a general introduct ion on the the crime of refusing to pay labor remuneration. It can be seen th at such acriminal phenomenon is still severe through primary data analysis. Wit h a knowledge of the crime of refusing to pay labor remuneration’s legisla tive background, along with the current legislation situation in China, this pap er can deliver a holistic view on the the crime of refusing to pay labor remu neration,which may help people better understand the intention and purpose o f this crime. Section 2 presents the crime of refusing to pay labor remunerat ion in detail and dissects more profoundly its constitutive elements throug h an understanding of related problems about criminal object, subject of c rime, objective aspect of crime and subjective aspect of crime. Section 3co ncerns the detailed judicial process. Focusing in turn on the differentiation o f this crime from other similar crimes, its criminal pattern, prosecution an d finally the connection between administrative law enforcement and crimi nal judicature, this paper hopes to help integrate further articles of law in to practices, return to the original intention of establishing the crime and finally contributes to a better application of this law in judicial practices t o benefit the public as well.