Judicial Recognition Of The Crime Of Refused To Pay Labor Remuneration

With the rapid development of our country’s economy and society, the labor market continuously expand. Behavior of employment were intensified labor remuneration in arrears, has become a hot issue in the society. The delinquencies have seriously social harm. Remuneration is not only the economic foundation of basic livelihood of workers, but also a key factor to maintain a harmonious and stable family. Meanwhile, wages can be paid in time, which can not only protect the right to receive remuneration of the workers, but also relate to the harmony and stability of the whole society. That is why in February 2011, 《People’s Republic of China Criminal Law Amendment (eight)》 for the first time in legislative form will refuse to pay the remuneration of criminal behavior. And have introduced the 《Court on Several Issues refused to pay remuneration in criminal cases the interpretation of applicable law》 in January 2013. December 2014 four departments jointly issued 《On the strengthening allegedly refused to pay the remuneration crimes investigate the convergence of the notice》. Enhance the practical applicability of the crime of refused to pay the labor remuneration in order to protect the legitimate rights of workers. But this crime in judicial recognition still has some problems. This article is constituted with introduction, body and conclusion three parts. The body includes following two parts.The introduction describes the establishment of the crime of refused to pay the labor remuneration the legislative background and significance. Also the research contents of this paper.The first part of body discusses some questions of the crime of refused to pay the labor remuneration in the judicial application. Such as social insurance and labor remuneration whether is remuneration category or not. Illegal employment and "escape but not hide" if the case constitutes the crime of refused to pay the remuneration. Range identification of the relevant government departments and so on。The second part of body aim at the problems in the first part puts forward the author’s point and explain the point. This section uses a combination of theoretical analysis and cases in the discussion. Also propose the perfect proposal of the crime of refused to pay labor remuneration. For example, to further improve the legal, establishment of protection of wages system, strengthen the convergence of administrative law enforcement and criminal justice and so on.