Research On Several Issues Of Forced Labor Crime

2011 \ "criminal law amendment(eight)\" has made a major revisions to force worker labor to sin, this to include criminal subject, criminal object, if the circumstances are serious, to assist the forced labor behavior modification, the modified gave us against forced labor behavior has provided a legal basis laid the significance, as actors in the brick kilns of past events, not because the criminal subject, object and can't be convicted and punished for crime of forced labor, all the behavior of the forced labor of others will be subject to forced labor specification of sin, but the modified forced labor sin, there are still some problems, such as increased in the second paragraph of article 244 to assist the behavior of the forced labor, will lead to the contradiction of joint crime and so on.This article mainly from the three chapters on research and argumentation of the forced labor:The first chapter is mainly an overview of crime of forced labor. This section is divided into two parts the first part is a total of China's legislation of the crime of forced labor, from 1997 the provisions of the criminal law to force the worker labor sin until 2011 of the criminal law amendment(eight) to modify the crime of forced labor to discusses the legislative changes of different stages of change. The second part is through the countries of Anglo-American law system and continental law system country in Britain, the United States, Germany, Japan, represented by four countries to analyze the different crime of forced labor, for the second chapter of this paper provide the legislative resources and theoretical basis.The second chapter mainly as a problem analysis of the crime of forced labor.This section is divided into three parts the first part is a total research on criminal subject, according to the modified of criminal offense of forced labor in the body of the unit there are some different opinions in academic circles, the author thinks that the body of the crime of forced labor should include legal institutions, enterprises,institutions, organizations also include illegal unit or individual. The second part is ameans of crime of forced labor, Violence, threat, in order to restrict the personal freedom method in this paper. The author mainly from how to define the violence,threat, to the thinking of restriction of personal freedom method to open this part. The third part is the crime of forced labor object, by scholars dispute of crime, criminal object, the author puts forward his own point of view to discuss the criminal object of crime of forced labor. The third chapter is mainly the cognizance of the crime of forced labor. The author in this part mainly through the crime of forced labor in some of the problems existing in the judicial application, through the specific case to discuss the difference between the crime of forced labor and other charges. The first part is about the circumstances are serious, in 2011 before modification of criminal law, if the circumstances are serious are the components of the crime of forced labor worker labor, criminal law amendment(eight) will serious condition is modified to increase the plot by the sin. In 2011 the National People's Congress(NPC) li is devoted to the "serious" has made the corresponding explanation, the author through the change of the modification of the criminal law on the crime of forced labor carries out the argumentation about the crime of forced labor.The second part is about the crime of forced labor joint crime, this paper first introduces the classification of the principal, an accessory of an accomplice, duress,secondly by 2008, wang moue, yam so-and-so, it is a labor force others cases to analyze the accomplice of crime of forced labor, as well as to assist the behavior of forced labor in article 244 of the criminal law. The third part is the crime of forced labor in the form of crime number, which mainly include five points are: 1. The crime of forced labor and intentional injury impeling factors, through the brick kilns of Shanxi Province in 2007 cases of forced labor in the judicial application of sin and intentional injury of competition situation.(2) "forced labor crime and crime of illegal detention of co-competition, Xing county, hebei province court through 2015, zang Yang, Yang b and ryu cases of forced labor, forced labor crime and to analyze the practice of the crime of illegal detention. 3. Is about the specific forced labor act caused the victim self-injury, self-harm problem research. The fourth part is for the offender in the process of implementation of forced labor, about this crime, attemptedboth problems and the research of combined punishment for several crimes.From the above three parts in this paper on the subject of criminal offense of forced labor, plot aggravated crime, violence, threat, to limit the personal freedom forced labor in the method, the judicial application of the treatment, when the competition with other crimes to the study of the theory of the crime of forced labor and judicial application to offer help.