The Study On Judicial Recognition Of The Crime On Refusing To Pay Labor Remuneration

In recent years,the act of refusing to pay labor remuneration has existed extensively and the condition of failing to pay the fee malevolently has become increasingly severe,leading to aggressive behaviors in payment demanding of labor community and even some serious consequences and group incidents.The act of refusing to pay labor remuneration has badly damaged the legal right of toiling masses to get paid through labor force and meanwhile,exerted a great impact on China's economic system,restricted social development,resulted in more intense conflicts and contradictions and seriously affected social harmony and stability;thus,this scenario has gained wide public attention.On February 25,2011,the 19 th Session of Standing Committee of Eleventh National People's Congress adopted article 41 in Amendment to Criminal Law(VIII),representing that “refusing to pay labor remuneration” was incorporated in Criminal Law.On April 29,2011,Supreme People's Procuratorate and Supreme Judicial Court promulgated Supplementary Provisions on Implementing Crime Determination of Criminal Law of the People's Republic of China(V)and identified the act of withholding wages malevolently as crime of refusing to pay labor remuneration.Using constitutive requirements as the starting point and referring to the relevant legal systems at home and abroad,the author will study and analyze the judicial determination of crime of refusing to pay labor remuneration in order to preferably define the crime of refusing to pay labor remuneration,improve the relevant regulations in Amendment to Criminal Law and effectively protect the interests and legal rights of laborers.This paper can be divided into six parts.In the first part,the object determination for crime of refusing to pay labor remuneration will be analyzed,including existing disputes,view analyses and statements in academic field.In the second part,the determination standard for objective aspect of crime of refusing to pay labor remuneration will be analyzed,including existing disputes and opinion statements in academic field.In the third part,the subject determination for crime of refusing to pay labor remuneration will be analyzed,including related legal grounds,deficiencies and opinion statements.In the fourth part,the determination standard for subjective aspect of crime of refusing to pay labor remuneration will be analyzed,including existing disputes and opinion statements in academic field.In the fifth part,the determination for other aspects of crime of refusing to pay labor remuneration will be analyzed;in this chapter,the effective demarcation for noncrime and crime as well as that crime and this crime for crime of refusing to pay labor remuneration is analyzed together with the discussion on inchoate form,crime amount determination and existing problems of crime of refusing to pay labor remuneration.Based on demarcation for this crime and this crime,the boundary between crime of refusing to pay labor remuneration and crime of swindling,crime of contract swindling,crime of refusing to execute judgment and ruling,crime of encroachment will be studied.The sixth part is the summary and conclusion of this paper.