Research On The Legal Issue Of Refusal To Pay Labor Remuneration

The subject of the crime of refusing to pay the remunerations includes society groups,government public institutions and natural persons, not just employers in labor law. The“laborers” of this crime involve not only workers in the labor relations but also workers in civil employment relations and other workers. On the other side, the subject of this crime can only be the subject directly responsible for employment relationship. In addition,natural person crime and the unit crime can be differentiated by whether company property is combined with personal property.The crime should be on the premise that the subject has payment capacity,because the fact that the subject who ought to and is able to pay remuneration does not pay accords with the typical non-action theory. Based on the theory of anticipated possibility,crime of refusing to pay the remuneration can be defined as a negative crime, which demands the actor has payment capacity. The legislation was set up to draw the line between general wage arrears and the crime in this case. If the case is impossibility of performance, namely the person lacks the ability to pay labor remuneration, it would not constitute a criminal offence and such acts fall within the scope of labor law adjustment.However, if the subject has the ability to pay but chooses to abscond, which lives up to standard of crime, it shall be subject to criminal sanction.The establishment of this crime in criminal law aims at the prevention and deterrence,rather than mere punishment. Only by a comparatively broad definition of labor remuneration can the legislation purpose of this crime be clarified. From similar charges in extraterritorial criminal law theory, it can be seen that a broad definition of labor remuneration is a common practice. Therefore, when affirming the amount of this crime,from the perspective of legislation on the protection of laborer and legislative intent, social insurance and labor protections can be included. And according to the complex situations in the cases, we should strive to make our decision precise, lawful and justified.The subject of “Order to pay” in this crime consists of human resources, social security departments and other administrative authorities. In accordance with the purview of the departments concerned and the application of laborers and related social subjects,“Order behavior” can be initiated. It also needs written materials as its carrier, which provides a clear description of specific requirement and content of payment, in order to make it enforceable. Once an “Order behavior” is made, it means the necessary pre-procedure of conviction has been finished, and the subject who continues not to pay the laborer the due remunerations will face criminal prosecution.In order to distinguish crime and non-crime, this crime and other crime, we must fully understand the constitution of this crime and implement the criminal policy of combining punishment with leniency in the judicial practice, on the basis of the principles of legality compatibility of crime, responsibility and punishment. In a word, we should strictly strike the malicious non-payment behaviors of refusing to pay labor remuneration, accurately carry out conviction and sentence in accordance with the law, and firmly defend social stability. Meanwhile, we must uphold the principle of the modest and restrained principle of criminal law, and incriminate carefully.