Research On Several Issues Of The Crime Of Refusing To Pay The Labor Remuneration

The legislation problems of crime of refusing to pay the remuneration through research, starting from the analysis of constitutive elements of crime, this crime and put forward the scope conviction criterion, discusses the judicial process to initiate and carry out, hope to be able to use for the direction of practice, also hope to provide some valuable opinions and suggestions for perfection of legislation.In the legislative analysis of this crime, the first part of the analysis of the legislative significance. I to the criminal law set up the crime of refusing to pay the remuneration to support attitude, think first, adding the crime of refusing to pay the remuneration, is decided by the limitations of civil and administrative legal means the. Workers relative to labor unit, in a kind of essential inequality for the disadvantaged status, whether civil or administrative legal means, labor remuneration are difficult to express, fully protect the workers. But the universal refused to pay remuneration behavior lead to many social problems, needs to use the criminal legal means to solve it; secondly, the current international many countries and regions are to combat the "malicious wages" behavior through the criminal law, adding the crime of refusing to pay the remuneration, in accordance with the development trend of international criminal law, also is my China’s compliance with international treaties, embody the spirit of international obligations. The second part analyzes the theoretical basis, the criminal law needs separately from the functional requirements, the purpose of punishment, the criminal policy of the three requirements are described, analyzed the criminal law set up the crime of refusing to pay the remuneration is fully embodies the functions of criminal law, the protection of law, and reflects the penalty hit damage justice order of bad behavior value the current criminal policy, or social economic form in order to regulate the order of the labor market and make timely adjustment.In the analysis of refusing to pay labor remuneration of constitutive elements of crime committing a crime, first of all, based on the analysis of the legal interest, targeted to refute two against the criminal law involved in a labor field representative point of view, think that refused to pay remuneration behavior, violation of labor property interests and of good faith and fair market order the two objects, the legal interest of crime object should be natural connotation or contain these two aspects. As for the criminal object of crime of refusing to pay the remuneration, the viewpoint of this paper is: labor remuneration is workers provide labor services, which is obtained from the employer’s income and other property, including money wages, social insurance and remuneration in kind and other forms, the reason is its maximum range reflects the essence of labor compensation; in the objective aspect proof of this crime, mainly from the large amount of the definition, the relevant departments of the government shall pay still does not pay the definition, serious consequences of the definition of the three aspects of objective performance, identification of the crime of the specific problems in some different views are compared and analyzed.Crime of refusing to pay the remuneration has certain cognizance and the difficulty of the operation in the judicial practice, need in theory and other related crimes, to distinguish between the definition of. This paper discusses the difference in with other criminal judicial timing mainly from this crime and the crime of refusing to execute judgments, rulings, the crime of embezzlement and fraud, blackmail and impose exaction on crime and other crimes against property obtains, carries on the analysis.Finally, respectively, for the crime of refusing to pay the remuneration proposals are put forward from two aspects of legislation and judicature. In the legislation of this crime, that should be the circumstance crime and not crime of amount, "the amount" is not clear, feasibility, it shall be amended as "serious" or "vile" conform to the actual conditions of crime; it should also be on the enterprise as a legal person’s ability to pay specified. In judicial practice, that should be at the level of society attaches great importance to the establishment of supporting system, the criminal trial level, the provisions of the applicable criminal reconciliation.