Research On Several Issues Cognizance For The Crime Of Refused To Pay Labor Remuneration

Migrant workers has become an important means of increasing farmers’ income. The number of up to 270 million migrant workers, but the attendant problem of Wages has serious problems with them and restrict the healthy development of China’s labor market. Malicious wages not only violated the right of workers to obtain remuneration, it is the current impact of a potential threat to social harmony. It does not eliminate this chronic illness, difficult people at ease, difficult to stabilize society. Wages in the past, often through administrative means to resolve the problem, but because of the administrative department of labor and no enforcement power, the lack of a deterrent to employment, the effect is not ideal. And by the time costly civil litigation will cost, off-site workers are concerned, even if they win often outweigh the benefits. Against this background, the 2011 "Criminal Law Amendment(h)" officially refused to pay the labor remuneration into criminal behavior, and in practice in recent years has achieved good results, the formation of a powerful deterrent.Since this crime sets civil, administrative and criminal elements in one of the characteristics of, in addition to this crime sets civil, administrative and criminal elements of features in one, resulting in a lot of practical problems difficult to grasp, when "co-different sentence" occur. Practice more prominent issue is the main problem of identification of this crime, as well as the ability to pay issues identified crime and distinguish it from other charges and application. This will be based on actual cases to the relevant law and theory, case analysis, conceptual analysis methods and comparative analysis, the practical operation sin the problems systematically and in-depth discussion.This article will first refused to pay the labor remuneration crime subject departure, based on the current "Criminal Law" provisions of more general crime unit, combined with the special nature of the crime, when unit labor as subject, should not be regarded as a simple average unit crime but it should be combined with the actual situation identified herein will be less crime unit of the crime of the standard system are discussed. Secondly, since the theory and practice of "go into hiding" under the circumstances whether the perpetrator of capacity to pay should be the constituent elements of the offense still controversial, this article will "go into hiding" and "ability to pay" in discrimination, the benefit from the protection of law and constitution of crime two viewpoint discusses the necessity of capacity to pay as the crime. Finally, by analyzing the impact of the Crime advance further discussed different subjects, finds time to advance remuneration will produce how crime affected. By refusing to pay the remuneration crime research, most can not exhaustive of all issues identified in the presence of this crime, but also hope to further improve the offense into their own modest.