Research On Several Issues Concerning The Judicial Application Of The Refusal To Pay Labor Remuneration

In recent years, due to the economic transformation of unrest induced by highlighting the various social conflicts superimposed,the relationship between the employer and the employee is worsening, lead to the malicious back pay proliferation caused extreme events, seriously affected our country's socialist market economic order and social stability. In order to adapt to social development needs of the situation and crack down on such behavior, "Criminal Law Amendment(eight)" added the crime of refusing to pay the labor remuneration, for workers to safeguard their legitimate rights and interests of provides a strong protection of criminal law. But what is undeniable is that the punishment still exist many problems to be solved at present stage, which brought certain problems to the theory and judicial practice. Therefore, to further improve the relevant provisions of the "Criminal Law", providing legal support to punish malicious wages is particularly necessary.Based on the relevant provisions of the crime of refusing to pay the labor remuneration and the community use of the crime seminar in judicial practice, reference to foreign and Hong Kong, Macao and Taiwan regions of our country, the paper starting from three typical cases, using value analysis, comparative analysis, inductive deductive and other analysis methods, for the crime of refusing to pay the labor remuneration issues related to induction, seminars, and make some humble opinion on this basis.This paper consists of three parts: an introduction, body and conclusion. Among them, the body includes the following three parts: The first part, cited three typical cases of the crime of refusing to pay the labor remuneration, and pointed out the focus of disputes of the cases. The second part analyzes the theoretical problems of criminal law drawn by the case. The third part introduces conclusions and revelations of the case study.Hope that through analysis and thinking about the crime of refusing to pay the labor remuneration crime, it can provide some theoretical support for the improvement of the law in order to better serve the judicial practice.