Research On The Circumstances Of Lenient Punishment Of Crime Of Refusing To Pay Labor Remuneration

The circumstances of lenient punishment of crime of refusing to pay labor remuneration settle the problem of dishonor the will in the society. It can refuse the contradiction between people and provide the legal guarantee for the construction of the harmonious society. Lenient punishment is compared to strictly punished, we must implement the criminal policy of tempering justice with mercy so that give full scope to punish crime and crime prevention function of the criminal law. The theory of violation of legal interest and personal dangerousness provide a strong support. When the perpetrator pay the labour reward on his own initiative and compensate for the loss, the damage extent of the legal interest and the personal dangerousness be reduced. It is very necessary for the perpetrator to lenient punishment.Pay attention to those problems when we apply this circumstances of lenient punishment:Firstly,this circumstances of lenient punishment only apply to, it is can not apply this circumstances of lenient punishment if the criminal act made a serious consequence although the perpetrator take some remedial measures methods. Secondly,it must pay the full labor reward before institute prosecution. Thirdly, compensate for the material loss and spiritual loss at a reasonable. The last, change a function between mitigate and dismiss penalty, meanwhile, you can compare with non-penalty measures if you change the dismiss penalty.The most important things are protect the people’s livelihood and pull the society harmonious, but not only punish crime. We can use the criminal peconciliation system, and the two parties make a agreement through the negotiation. Finally, the court make a judgment after they examine and affirm the deal. The criminal peconciliation system pay attention to victim participation and the agreement is satisfactory for victim. This system can remove the anger of the victim, and the perpetrator will get a chance to correct mistakes if the victim forget him.