Research On The Objective Aspect Of The Crime Of Refusing To Pay Labor Remuneration

Due to the limitation of the rapid development of society and legislation,currently in legal circles and even the whole society in the cognizance of the crime of refusing to pay remuneration when there are still many controversies,which belongs to the objective aspect of the crime of most controversial issues.In the first part of the thesis,the author studies the evasion of payment,the ability to pay and the refusal to pay.We should avoid paying the subjective and objective standards of judgment,namely the subjective existence of evading payment of idea or purpose,a transfer payment or abscond objectively not actively raise funds to repay workers labor compensation behavior.For the "ability to pay" judgment,should not be limited to the subjective understanding,must be established on the basis of objective facts,the behavior of the employer requires a combination of assets,operation status,reputation and reputation in order to judge the situation objectively.The refusal to pay should be judged from the subjective and objective standards,that is to say,the behavior of the perpetrator is subjectively intentional refusal to pay,and the objectlive behavior of omission.The second part studies the object of the crime and the harm result.The workers in this crime,in addition to the labor law,labor contract law provisions of the workers,as well as the "interpretation" contains the main labor force for illegal workers.Labor remuneration,social insurance,economic compensation,double wage differentials,housing provident fund,etc.should be included in the scope of the regulation of the labor remuneration of the crime of refusing to pay labor remuneration.For a large amount of determination,should be set up in the interpretation of amplitude criteria in judicial,taking into account whether repeatedly committed the crime,the number of victims,the laborer has been based on the amount of labor remuneration owed to,over the minimum wage to determine the elements of quantity in larceny.In order to avoid the unlimited liability of the actor,the scope of the criminal law should be extended without limit.The third part of the "ordered to pay",through a comparative study of scholars on the subject,shall be ordered to order and duration as well as with the judicial practice,in order to be able to order the cognizance of the subject of unified standard in the identification of the crime shall be ordered to subject.