The Regulation Of Illegal Employment Through Criminal Law

With the rapid development of Chinese market economy, there has been an increasing trend of the phenomenon of illegal employment. How to use Criminal Law to regulate and play the role of it in punishing illegal employment has become urgent and necessary. For accessing to the view of criminal law system and being regulated, illegal employment must have great harmfulness to society. From the view of the charges of Chinese Criminal Law, the crimes are mainly violation of the laborers' personal freedom rights and the safety of life and health.The protection of labor rights abroad is mainly regulated in the Labor Criminal Law, mostly in the form of subsidiary criminal law. Comparing with the Chinese criminal legislation, so much experience is worth being learned in many legislations abroad. The problems of our Criminal Law on the regulation of illegal employment cannot adapt to the status of economic development. The convergence of Criminal Law and Labor Law has been misplaced, and there is a certain lagging in the regulation of illegal employment through Criminal Law. The range of crime subject and object is too narrow, since some charges only provided unit crime, and some incident crimes of violation of laborers' life safety are only simply natural crime. Ways of act and punishment cannot also reflect the intensity of Criminal Law protection. Most of the punishment is too light, unbeneficial for regulating the complex illegal employment phenomena. In view of all the cases above, we should expand the regulated scope of the illegal employment subject, as well as improve the content of acts and its punishment. Moreover, it is crucial to add potential damage crime in the security incident crimes, and increase the intensity of protection of the Criminal Law for the laborers' rights, in order to facilitate the role of the Criminal Law to crackdown upon illegal employment practices which violate the laborers' rights seriously.