A Study On The Difficulties Of Judicial Determination Of The Crime Of Refusal To Pay Labour Remuneration

The new forms of employment have not only broadened the connotation and extension of traditional labour relations,but also affected the legislative and judicial aspects of the offence of refusal to pay labour remuneration.Although there are provisions in criminal law and judicial interpretations on the conviction and sentencing of the offence of refusal to pay labour remuneration,the lagging and overly principled nature of the law has led to unsatisfactory judicial application of the current situation,revealing the lack of unified understanding of important concepts such as workers,unclear standards for the identification of criminal subjects under different forms of employment,and the lack of in-depth understanding of the elements of procedural composition.Therefore,it is particularly necessary to conduct a systematic study on the judicial determination of the crime of refusal to pay labour remuneration.This paper consists of three parts: in the first part,through the analysis of 300 judicial examples of the offence of refusal to pay labour remuneration from 2019 to 2021,the outstanding problems in the judicial application of the offence of refusal to pay labour remuneration are summarised and summarised to provide a practical basis for the research of this paper.In the second part,the problems and causes of the judicial determination of the offence of refusal to pay labour remuneration are further analysed in the light of the basic theories and legislative provisions of labour law and criminal law,in terms of the objects,harmful results,criminal acts,criminal subjects and procedural elements of the offence of refusal to pay labour remuneration.In the third part,in response to the problems of judicial determination,recommendations are put forward that are in line with legal theory and practical judicial practice and are operable.The main recommendations include the determination of the scope of workers and labour remuneration on the basis of labour relations;the determination of the subject of the crime on the basis of the obligation to pay labour remuneration;the clarification of the scope of "large amount" based on "variable amount +factors of criminal circumstances";and the establishment of the "causing serious damage" based on the combination of causality and legal benefit damage.The scope of the offence is determined on the basis of the obligation to pay labour remuneration;the scope of "large amount" is clarified as"floating amount + criminal circumstance factor";the criteria of "causing serious consequences",which combine causation and damage to legal interests,are established;the criteria of "ability to pay",which are based on the defendant’s actual ability to pay and limited by controllable property,are established;the scope of "government departments" is limited,and the scope of "government departments" is appropriately broadened in keeping with the times.The relevant government departments" and the scientific determination of the form,duration and number of orders to pay.