Theory Of Refused To Pay The Labor Remuneration

Refused to pay the remuneration behavior has serious social harmfulness,On the one hand infringe the workers’right of property and right of life, On the other hand have social contradictions sharpened and affects the economic development.So our country in February25,2011through the People’s Republic of China criminal law amendment (8) with refuses to pay remuneration of sin,in order to use the criminal law curb refused to pay work remuneration behavior.Because we don’t have any judicial interpretation about this crime,How to apply this crime become the focus of research between criminal law scholars and judicial circles, At present,The judicial application of this crime has a lot of advice.But the lack of systematic, So they can’t effectively solve the problem for this crime, The author have a further thinking and meticulous profound analysis on the basis of predecessors’advice, In order to provide help to justiceThis paper main body is divided into five parts, focusing on how to apply on this crime. The first part of this paper focus on the connotation and extension of key concepts,such as workers and labor remuneration. The second part discuss the constitution of this crime, including object of crime, objective aspect of crime, subject of crime, subjective elements of crime, among the objective analysis is the key.The third part expounds difference between this crime and refused to carry out the decision ruled that sin,crime of fraud. The fourth part discuss crime number.In the reality,It’s easily occur refused to pay theremuneration behavior with intentional hurt and intentional homicide behavior. Analyze these two behaviors and this crime is a sin or two sins. The fifth part analysis refuses to pay theremuneration behavior’s civil liability and criminal liability coincidence problem...