Study On The Application Of Law On The Crime Of Refusal To Pay Labour Remuneration

Due to the increasingly serious social problems caused by the malicious non-payment of wages,the Criminal Law Amendment(VIII)therefore created the offence of refusing to pay labour remuneration.However,since the criminalisation of this offence,although it has made up for the inadequacy of the current legal provisions and strengthened the protection of workers as well as raised the employment requirements for the hiring party,it has also brought about many problems at the same time.Although the offence of refusal to pay labour remuneration has been implemented for many years,there are still many controversies in the theoretical and practical fields regarding the content of the relevant concepts.For example,in terms of conviction,issues such as the determination of the subject of the offence,the definition of objective ability to pay and the allocation of the burden of proof,and the scope of remuneration for labour have been debated in the theoretical circles.It is also because of the imperfect provisions of the law and the weak legislative basis that this crime has often led to problems such as uneven sentencing and the inability to effectively coordinate between different departments in judicial practice.Only by solving these problems at the root can the original purpose of this crime be effectively reflected.Based on the theoretical discussion of this offence and the application of the offence of refusal to pay labour remuneration in judicial practice,as well as the relevant provisions in other regions,this article uses the effective judicial precedents of the offence of refusal to pay labour remuneration in Hunan in the past five years as the data base,and makes comprehensive use of big data analysis,value analysis,comparative analysis and inductive deduction,etc.,to summarise and discuss the relevant problems in the practical application of the offence of refusal to pay labour remuneration.This paper adopts the approach of collecting samples-dissecting and analyzing the cases.The paper adopts the logical idea of collecting samples-analyzing samples-discovering problems-solving problems,and is divided into four main chapters.The first chapter introduces the background of this paper,the significance of the legislation,the research method and the purpose and value of the research.The second chapter is a multi-faceted analysis and comparison of more than 200 cases in Hunan in the past five years to find out the characteristics of this crime in judicial practice and briefly analyse its causes.Chapter 3,based on chapter 2,summarises the problems in the practical application of the offence and illustrates the problems with case law.Chapter 4 focuses on the aforementioned problems and puts forward proposals for improvement and solutions.This article takes the elements of the offence of refusal to pay labour remuneration as the main framework,combines the legal provisions and judicial interpretations,starts from the perspective of literary interpretation,combines with the analysis of big data on the judicial application of this offence,identifies the problems that exist in the practical application of this offence,and combats the gaps in the laws and regulations and the controversial points in academic circles,and puts forward suggestions to solve the problems on the basis of rational analysis.It is hoped that the analysis and consideration of the offence of refusal to pay labour remuneration in this paper can provide some theoretical support for the improvement of the legal provisions of this offence,so that it can better serve the judicial practice.