On The Crime Of Refusing To Pay Labor Remuneration

In recent ten years, refusing to pay labor remuneration event more and more appear in our life, especially in economic developed area of Zhejiang Province, the number of cases refused to pay labor remuneration already achieve the similar case 20% in china, this aspect shows the enormous challenges faced by Zhejiang Province in economy transformation and social reform.On the other hand also shows that the entrepreneurs lack of legal consciousness. Encroach on the rights of labors, refused to pay remuneration also wound to our economy. Chinese economic take-off based on the high quality worker, once lose these outstanding industrial workers, any industry can maintain normal. In order to combat refused to pay remuneration behavior, the NPC Standing Committee formally decided in the introduction of " crime of refusing to pay the remuneration" to the criminal law in 2011 February. This decision has played a very positive social effect, a large number of illegal behavior get punished. In this paper, through the analysis of relevant cases, the legislative background demonstrates adding crime of refusing to pay the remuneration of generation. And through the study of judicial cognizance of the crime constitution, we will analysis the production of this crime in practice problems, put forward reasonable and feasible suggestion in our criminal law provisions.This paper is divided into the following four parts:The first part is about the crime of refusing to pay the remuneration cause and hazard analysis as well as to the present stage our country occurrence status summary.The second part mainly from the aspects of constitution in this crime, the combination of Ningbo city on the crime relevant case.The third part is mainly analyzes the crime of refusing to pay the remuneration existing problems.The fourth part is aiming at the existing problems, combined with the specific case handling experience and experience, put forward reasonable suggestions, including legislative proposals and actual operation scheme.