Refused To Pay The Labor Remuneration Sin Judicial Cognizance

Unit of choose and employ persons and employers malicious wage arrears phenomenon emerge in endlessly in recent years,investigate its reason,and so on.Transformation in the rapid development of market economy,enterprise restructuring,on the one hand,many of the employer and employer's legal awareness,moral good faith consciousness weak ones,subverted,ignoring the interests of the laborers,laborer salary payment in arrears.What's more,some unscrupulous merchants volume and flee,abandon employees in.Laborer itself,on the other hand,the lack of legal knowledge,combined with the restriction of the Confucian tradition culture "reconciliation" thoughts,also helped some malicious back pay of unit of choose and employ persons and employers of arrogance.Finally,China's legal system is not perfect,as legislation is too broad,judicial supervision is too lax,etc.,the malicious back pay of unit of choose and employ persons and employers behavior provides the living space.As the "criminal law amendment(eight)" into the refuse to pay the labor remuneration and refused to pay the labor remuneration crime judicial interpretation,further interpretation of the breaking rules,effectively curb the malicious back pay.But in recent years about the malicious back pay behavior reported more,eventually indeed rare,criterions for the conviction of the reason,or due to legal provisions for refusing to pay labor remuneration sin that still need to question,the author tries to from two aspects: the judicial and legislative perfect for refusing to pay labor remuneration sin.This article is divided into four parts,the first part is to define the scope of labor compensation,compared the labor remuneration and labor remuneration,labor remuneration and social insurance relations,labor remuneration and payment;Define the scope of labor remuneration from the perspective of the above three.The second part is to pay,the main body and its ability to pay of justice pay main body includes individual and unit of choose and employ persons,give priority to with unit of choose and employ persons,draw the influencing factors of enterprise as legal person is the ability to pay that are: corporate earnings and the status of the enterprise assets.Corporate earnings and corporate assets status is analyzed on the effect on the ability to pay that.The third part is the cognizance of the prepositional procedure "shall be ordered to pay" government;First discusses the legislative intention setting shall be ordered to pay,then ordered to pay that,it shall be ordered to pay and government inaction in the form of judicial relief.The fourth part is refused to pay and the amount of judicial cognizance,including to the standard of the amount of the payment behavior of the determination and refused to pay.