The Comparative Study Of The Crime Of Refusing To Pay Labor Remuneration

In recent years, because of the low cost illegality, the phenomenon of malicious default employee salary and absconding gradually become the important factors that affect social stability, and triggered a series of malignant events. Although the "criminal law amendment (eight)" will refuse to pay the remuneration behavior officially listed crimes, the existing practice shows that the cognizance of the crime is beset with difficulties, the actual applied effect is not obvious. The most important reason is that the legislation is not perfect. Considering abroad also has similar charges, the time of the legislation and implementation is earlier and longer. Our country has an important significance both in legislation and judicature. Therefore, this article mainly through the method of comparison, the rules on the comprehensive analysis about the model of legislation, accusation, guilt, constitutive requirements and legal sentence configuration, on the basis of combination rules and the present situation in China, put forward concrete Suggestions for the perfection of this crime in our country. The full text is divided into five parts:The first part through analyzing the imbalance of economic development in our country, pointing out that under the increasingly fierce conflict of labor relations, the involvement of the criminal law is very necessary. Thus, summarizing the legislation present situation of this crime in our country, and analysis the sin elements of a preliminary interpretation. On this basis, further clarify the significance of the establishment of this crime.The second part, through a compared study of legislative regulation from three aspects, including the legislative mode, accusation, provision. Analysis of the pros and cons we can see that the patterns of criminal code and accessory penal code are different, compared to implied crime names, definite crime names about a crime are more clarity and operability.The third part carries on the comparison to the constitutive requirements. We can see that the protection of the criminal object in foreign countries are more extensive. The objective elements set more reasonable, and the subjective elements are more clearly.The fourth part, through a compared study of punishment, especially the term of principal punishments, the method and applicable way of supplementary punishments, the paper compares and analyzes the advantages and disadvantages of them. We can learn from the examples of perfecting the punishment of crime.The fifth part is based on the conclusion of comparative investigation. This part discusses how to identify the crime of the object, in order to define the connotation and denotation of remuneration, and analyzes how to identify the subjects of the crime especially in construction field. At the same time, from two aspects of the pre-conditions and legally prescribed punishment, suggestions of this crime legislation are put forward. Finally, by constructing the system of wage protection, introducing a reconciliation system improve other related measures, we can achieve legislative intention of the crime.