The Situation And The Reflection Of The Crime Of Refusing To Pay Labor Remuneration

In recent years, the problem of malicious wages has caused a lot of social contradiction and seriously affected the social harmony and stability. In order to strengthen the protection of people’s livelihood, the amendment to the criminal law (eight) implemented on may 1,2011 has added the crime of refusing to pay labor remuneration, to regulate the behavior of malicious wages. Crime of refusing to pay labor remuneration made up for the lack of labor law and played an important role to improve the rights and interests of laborers protection mechanism, the right of labor compensation and perfected the operation and management of enterprises. After the introduction of the crime, the theoretical basis of the establishment of this crime is weak which caused a low application rate of the crime. The search for the crime is just stop at the level whether you use the means of penalty to give the sanction to the behavior for refusing to pay labor remuneration. There is a lack of adequate consideration for the constitution of the crime, which leads to the identification of the crime in the judicial practice. Through the reflection of the situation, the paper gives the relevant research about theoretical defects of the crime refusing to pay labor remuneration and the reasons of a low application rate of the crime. The key to solve the problem is to perfect the mechanism which connects the labor security supervision’s law enforcement and the criminal justice. In order to effectively curb the behavior of refusing to pay labor remuneration and to protect the workers’ legitimate rights and interests, the paper gives the theories to explore the applicability of the crime of refusing to pay labor remuneration. Using the theories to guide practice is a pressing matter of the moment.