The Analysis Of Refusing To Pay Labor Remuneration Crime Objective Elements

In recent years, China’s social moral declines, lack of integrity are constantly emerging. Such as that the employer refused to pay labor remuneration damages the labors’ rights of obtaining compensation. And affects the basic livelihood of workers, causing discontent and anger, leads to conflict between employers and employees, even causes adverse effects to the society order. In order to solve the increasingly serious problem of wages, the National People’s Congress adopted the "criminal law amendment(eight)" and added the crime of refusing to pay labor remuneration. The establishment of the crime on the regulation of behavior can be large, the protection of the legitimate rights and interests of workers, reduce labor disputes, safeguard the normal labor relations, the market is conducive to the stability of the economic order and social harmony. But the amendment to the criminal law and judicial interpretation of the provisions of the crime is not clear, the connotation of the concept of many involved charges were not clearly defined. The academic understanding of the debate endlessly, there is no consensus of understanding. The application of the judicial practice of this crime is in trouble.This paper adopts comparative method, normative research method and case analysis method, in the criminal law, labor law and related academic background, objective elements of the crime of refusing to pay labor remuneration to carry on the analysis, defines some concepts of the charges involved, in order to determine the scope of the crime.This paper is divided into 8 parts. The first part of this paper briefly describes the background of writing. The second part analysis the legal interest and the protection object of this crime in order to determine the scope of worker. The third part analyses the behavior of objects, namely what is the labor remuneration. The fourth part is the analysis of the subject of the crime, focusing on analysis of the subject of unit crime and the special relationship. The fifth part analyses the behavior of the ability to pay, whether it is the constituent elements of the crime, and what the ability to pay is? The sixth part analyzes the nature of "the relevant governmental departments order to pay but still does not pay", and the meaning of "the relevant departments of the government". The crime is committed, and only the owned amount reached the statutory conditions, it may constitute a crime. The seventh part of this paper mainly analyzes the "large amount" standard, which constitute the crime of "serious consequences". The eighth part makes a brief summary about the contents, and puts forward personal view on the applicable scope of refusing to pay labor remuneration crime.