Study On The Constitution Of Behavior Of The Crime Of Refusing To Pay Labor Remuneration

Labor is the most common social activity of mankind,and the acquisition of labor remuneration is related to the existence and development of laborers.With the development of market economy,before the new moral system facing reconstruction,rely on economic relationship support had lost the moral system of norms,labor relations as an important part in the market economy,repeatedly in difficulty.The frequent occurrence of pernicious refusing to pay remuneration for labor has aroused the whole society's concern about the problem of paying back wages,the refusal of employers to pay their salaries will not only lead to the plight of workers' living,but also hinder the stability and harmonious development of China's economic order.In order to curb the behavior of malicious wages,in 2011 the implementation of the criminal law amendment(eight)formally in the field of China's criminal law to regulate the serious acts of refusal to pay.Since the implementation of the law,although in theory the practice of giving workers disadvantaged certain protection,however,since the implementation of 6 years,in the judicial process,to determine whether to pay the crime still have different views.Therefore,it is necessary to make a further analysis and Discussion on the constitution of the crime,so as to make use of the crime so that the crime can exert its maximum effect.The behavior subject of the crime of refusing to pay labor remuneration violates the order of the criminal law and is not required or expected by the criminal law,it is a standard omission offense.According to the nonfeasance crime elements of the crime constitutes a research mainly from the subject of crime has the obligation to pay the labor remuneration,has the ability to pay the labor remuneration and does not perform the obligations to pay labor remuneration of ideas: first,elaborated the meaning and the elements of this crime;secondly,clarify the scope and source of payment obligations the labor remuneration of labor remuneration;thirdly,the definition has the ability to pay from a substantive judgment on the ability to pay the labor remuneration to the practical angle and time;finally,and fails to perform the obligation to pay the labor remuneration of the behavior is analyzed and defined from time and procedure.Through the analysis of the constitution of the crime behavior,to improve the understanding of the crime in practice,in order to achieve a large number of non payment of labor in the behavior of accurately determine what belongs to the criminal law regulated purposes...