On The Legislative Perfection Of The Crime Of Refusing To Pay Labor Remuneration

Refused to pay labor remuneration, refers to the subject of labor workers in the paid labor, no reasonable and legitimate reasons, the behavior of labor remuneration payable in arrears or deduction. The refusal to pay remuneration for labor is the act of refusing to pay the workers the right to pay their remuneration for their labor, which is subject to the labor contract between the workers and laborers. Constitute the criminal law, the crime of refusing to pay labor remuneration, in addition to the implementation of the act of avoiding payment or refusing to pay labor remuneration, but also the subjective need to have illegal possession of the labor remuneration of the workers, objectively refused to pay the amount of the larger, and the relevant departments in the government ordered to pay after the payment is still not paid.After refusing to pay labor remuneration crime written in criminal law, although certain warning and deterrent effect of being malicious intent with people, but the actual legal effect is not obvious, this and the crime the legislative defects of being great relationship:one is the definition of the labor remuneration is not clear; the second is the ability to pay setting is not suitable for the precondition of conviction; the third is government departments shall pay without pre paid the unreasonable conditions; the fourth is based on the amount as a crime elements is not scientific; the fifth is remission of punishment design will inevitably be conniving suspected of crime.In order to effectively prevent and combat the crime of refusing to pay labor remuneration, we can improve the legislation in five aspects:one is improve the requisites to constitute a crime, to re define the scope of the labor remuneration; the second is modified two large parallel elements of crime; the third is to cancel the pre condition set and a relatively large amount of; the fourth is to change the current remission of punishment for a lighter punishment; the fifth is introducing qualification or ability punishment, to combat acts pursuit of profit ability.