Research On Some Problems Of The Crime Of Refusing To Pay The Remuneration

Nowadays social economy has developed rapidly, small and medium-sized enterprises have sprung up, So employment can be solved. But more and more enterprises unpaid wages to employees, this situation often happen. Workers in order to beg for salary, often been rejected, and finally get nothing. Employees ask for salary is very difficult, so they often give up part of their rights, this lead to employers more rampant to unpaid salary. There are many problems between employees and employers, some workers in order to wages even kill employers, society become unstability.On this occasion, the Crimina Law amendment eight had been passed in 2011.Refuse to payment are wriiten to the law. That is crime of refuse to pay labour reward. After that, unpaid behabior will been regulated by law.The crime of refused to pay will be further discussed in my article, focusing on analysis on determination and applicable issue, then put forward some suggestions. This article is main about the crime of refusing to pay labor reward. From this crime’s emerge and the reason to analysis, on the basis of constitution of this crime and judicial affirm, finally puts forward some questions and suggestions. Nowadays about this crime’s materials are rarely, judicial interpretation of the crime is streamline, lead to ambiguity and deviation in the judicial application, this article is mainly to the crime constitution put forward own unique insights, and points out its problems in the judicial practice, mainly including "three resistance" and "four blank", the first resistance is lack of deterrence of criminal law; the second resistance is unclear concept hinder judicial practice; the third of resistance is the relevant government’s delivery problems. Four blank means,the private settlements is prohibited; it is difficult to regulate the unpaid actions of government; it is difficult to regulate the refused wages; the amount of unpaid wages is difficult to punish. Therefore, this article will focus on these questions, and put forward some suggestions.