On The Crime Of Refusing To Pay Labor Remuneration

Refused to pay the labor remuneration punishment has sufficient theoretical basis and great realistic meaning. Theoretical basis is one of the citizens' legal private property rights, it is set to reflect the national spirit of respect and safeguard human rights; The theory basis for the second is the principle of good faith; The third theory basis is the principle of a legally prescribed punishment. Refused to pay the labor remuneration punishment can better protect the rights and interests of laborers, is conducive to the maintenance of social harmony and stability.Refused to pay the labor remuneration is the basic charges of sin: have the ability to pay and not pay laborer labor remuneration or to transfer property, escaping method to escape pay labourers remuneration, such as large amount, and ordered by the relevant departments of the government in case of no payment after payment. The so-called labor remuneration is laborer labor should get all forms of substance of value, not limited to the basic wages, shall also include all kinds of subsidies and social insurance, overtime pay, allowances, bonuses and other various treatment shall be obtained by the employee. Methods such as the so-called "to transfer property, escaping from payment" refers to the act of various deliberately hide their legal property, such as forgery, malicious pay off debt. The so-called "have the ability to pay and not pay" refers to the behavior person have high liquidity of the property, and does not include the fixed assets, intangible assets. The so-called "no payment shall be ordered to pay" by the relevant departments of the government of the relevant government departments is not limited to, the Labour administrative authorities including labor arbitration institutions and the people's courts at various levels. The so-called "relatively large and serious consequences" is not limited to the content of the judicial interpretation, including cause laborer suicide plot, etc.Refused to pay the labor remuneration crime in the judicial cognizance of some problems, in terms of criminal subject, natural person and unit can constitute this crime, the state organs can constitute this crime; In the subjective aspect, direct intent and indirect intent can constitute this crime, criminal negligence does not constitute this crime; Stop form of the crime, the author thinks that this crime attempted crime; In the aspect of joint crime, the author thinks that common crime, crime is principal, instigator of an accomplice, an accessory, duress; In terms of crime number, this paper analyzes the imaginary concurrence between this crime and several other charges of situations, and that this crime belongs to continue to make, also belong to the results of such.In view of the identified some of the problems of this crime, this article puts forward some Suggestions in the legislative level. At the legislative level, this paper argues that the legislation requires accurate definition of "laborers", "labor remuneration" meaning, cancel the prepositional procedure this crime, cancel its SINS, increase qualification punishment and control on the punishment.