On The Boundary And Legal Regulation Of Malicious Asking For Salary And Irrational Asking For Salary

The reform and opening up not only realized the contract of labor relations,but also produced a large withhold wage phenomenon."Asking for salary" has become a popular word in the practice of labor relations,especially every year before the Spring Festival,the overwhelming news reports are all about migrant workers asking for salary.Migrant workers work hard for a year,but the labor remuneration is not achieved.It is the main problem to be solved in China's labor relations.However,another behavior in asking for salary actions must be hit and contained,that is to discuss the "malicious asking for payments" behavior.Through social investigation and literature searching,the paper analyzes the status,causes and characteristics,and explores the necessity and theoretical basis of "malicious asking for salary".It can provide legal advice for "malicious asking for salary" behavior and irrational rights protection and establishing long-term mechanism of withhold wages.The key point is that the radical means,such as jumping,pull banners,meditation,self mutilation and other means of fighting for their own legitimate interests and pay behaviors,are not "malicious asking for salary" but belongs to irrational asking for salary.The means of irrational asking for salary deviate the legal track,but their ultimate goal is legal to safeguard their legitimate interests and obtain their own compensation.The ways of both sides are similar,but their ultimate goal is to pursue additional or illegal interests.They are similar in objective aspects,but different in the subject,subjective aspects and the social harmfulness.The current community is confusing about malicious asking for salary and irrational asking for salary,so that the malicious asking for salary persons have their ways to utilize the government's thinking of maintaining stability and sympathy of human beings.Therefore,it is necessary to make a clear definition of malicious asking for salary to distinguish two types of different nature of behavior of malicious asking for salary and irrational asking for salary,and then take appropriate legal measures respectively.About the emergence and proliferation of malicious asking for salary phenomenon,it needs to establish and improve the relevant system from the legislative level.However,relying solely on the power of legislation cannot fundamentally curb " malicious asking for salary" phenomenon.It needs the wholesociety to work together to play the effectiveness of law,and form a long-term mechanism to punish "malicious asking for salary" actions.For the irrational asking for salary behavior,the most effective countermeasure is to curb malicious behavior.