Analysis On The Crime Of Refusal To Pay Labor Remunerations

In recent years, our country values the protection of labor remuneration paidwork a lot. After Criminal Law Amendment (eight) added the crime of refusing to paylabor remuneration, Interpretation of the Supreme People’s Court on Several Issuesconcerning the Application of Law in the Trial of Criminal Cases of Refusal to PayLabor Remunerations was issued for the correct application of crime of refusal to paythe labor remunerations in judicial practice.The settlement of work has made positiveprogress, but in the case of arrear labor payment amount is still large, the settlementof arrear wages issue is still a long-term arduous mission.This paper combined with Criminal Law Amendment(eight) and Interpretation ofthe supreme people’s court, starting with the legislative intent of crime of refusal topay labor remunerations, briefly stated the composition of the crime, focuses on theanalysis of the various problems in the application process, and puts forward somesuggestions for the legislative perfection and judicial practice. Mainly divided into thefollowing three parts:The first part is an overview of the crime of refusal to pay labor remunerations.the first section introduces the legislative background of crime, the second sectionbriefly presented some confusion in judicial practice, and mainly including theestablishment of the academic and present judicial circumstances.The second part analyzes the structure character of the crime on legal and briefly discussed.At the same time analyzes some controversial academic point of view.Putsforward the author’s point of view on the double object, the connotation of "beingordered to pay still do not pay", whether need to "malicious".etc.The third part discuss the problems in judicial practice, The first section mainlyanalyzes the problems respectively from the factual labor relationship, The contractorrelation and the illegal employment; second section analysis the crime of convictionstandard under the employer delay or deduction of pay the labor remunerations; Thethird section uses the method of comparison to descript the difference between thiscrime and crime of embezzlement, fraud, refusing to carry out judgments or orders ofthe people’s cour.The last part makes analyses and discussion about the penalty of this crime. Thepenalty under the criminal policy of tempering justice with mercy is analyzed. Severalissues on the discretionary circumstances of sentencing, and through the valueanalysis of the victim-offender mediation to elaborate the positive meanings of thesystem.