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

In 2011, the issuance of "the amendment of criminal law (eight)" included the crime of refused to pay the labor remuneration, brings hope to the migrant workers’problems of being refused to pay the labor remuneration. Then, the supreme people’s court has issued "the explanation about the applicable law in trying criminal cases of refused to pay the labor remuneration" in early 2013. It cleares the previous undifined criminal law, and detials the applicationg of law, in order to let the judicial practice having operability. Although the issue of interpretation largely remedied the legislation’s deficiency, the content is still have controversies in theory and case specific treatment.This crime has been published more than three years, but the behavior of "refusing to pay salary" didn’t be treated as a crime, this phenomenon is still occurred frequently.This article mainly analysized six aspects of refusing to pay the labor remuneration and its difficulties to identified in the judicial practice, and find out the problems and the deficiencies of the crime. After reference some foreign legislation experiences. I put forward my own solutions from the legislation and the law enforcement, and the full text is roughly divided into the following three parts:The first part mainly discussed the legislative background and the signicance of the crime of refusing to pay the labor remuneration.This crime is called "don’t pay the salary maliciously" before the criminal law included it. It leads to a seires of vicious events and mass disturbances from the laborers beauce of the employers don’t pay the salsry maliciously. These events has brought great impact to the society, so it was very important to put the behavior of refusing to pay the labor remuneration into the criminal law. Through out the analysis of the significance of the legislation and the summary of the difficultied process about the crime, this artical illustrates the seriousness and the ignorance of this social phenomenon.The second part mainly analyzied the constitutive requirements of the crime and a few key points in the process of judicial cognizance about it. This paper is based on the four elements criminal constitution theory to discussed the crime in detail. In the aspect of justice, this ratical mainly analyzed the affirmmation about "the laborers", "the laborers remuneration", "the ability to pay", "shall be ordered to pay by the relevant departments of the government", "the large amount", "the serious consequences" six aspects of problems, made clear some conception after the "explanation" has been issued.The third part mainly discussed the present situation and deficiencies of this crime, and put forward my own suggestions about how to make the crime being peferct.Although this crime is governed by criminal law, but the data in recent years from many courts showes that this crime is out of proportion when the frequent phenomenon is treated as a real crime,and at the same time, the behavior of "refusing to pay the salsry maliciously" has always been occured. The deficiencies about this crime mainly include four parts. Firstly, the definition of "laborer" and "the other relevant government departments" are not clear; secondly, the philosophic burden of proof distribution is unclear; thirdly, the setting of punishment is unreasonable; and finally, the stipulation is not reasonable. In terms of how to make the crime being perfect, my suggestion is about two aspects, they are the legislation and the law enforcement.About the legislation, first I suggest to put forward further definition about "the laborer" and "the other relevant government departments"; second I suggest to clear the philosophic burden of proof; thirdly to quantize the fine punishment; forthly, to add the punishment aganist qualification; and finally, the legal provision can be set reasonable. And about law enforcement, I suggest to strengthen the cooperation about the law enforceing department and the administrative department. To strict the law enforcement. At the same time, to improve the quality of the employers and laborers. We shall make reduce or even eliminate the phenomenon of refusing to pay the labor remuneration in common.