On The Crime Of Refusing To Pay Labor Remuneration

The amendment Ⅷ of the Criminal Law means the criminal law has identified the crime of refusing to pay labor remuneration. Based on criminal legislation, criminal law theory and judicial practice this paper analyze deep on the constitution of the crime of refusing to pay labor remuneration, the boundaries of this crime and related crimes and the penalty of the crime, in order to provide overall support on the identification and judicial practice of refusing to pay labor remuneration.The principal part of this paper divided into three parts:The first part is the analysis of constitution of the crime. The constitution of the crime is characterized by four places: Firstly, in the crime object aspect, this crime violates the complex object, including the worker’s remuneration rights and the socialist market economic order. Secondly, in the objective aspect, refusing to pay remuneration means the criminal take the methods of escape paying、refuses paying、 deduction of remuneration、transferring property and so on, to achieve their criminal purpose of avoid the obligation of paying remuneration; the so-called has the capacity to make payment, is the perpetrator on the one hand has the capacity of exercise rights and assume obligates, on the other hand which means the actor has enough personal property to pay the remuneration which was in debt. Thirdly, in the subject aspect of the crime, it constitutes the natural person and unit. In addition, this article especially analyzes the problem of identification of the subject aspect of the crime in the form of labor dispatch. Finally, in the subjective aspect, the perpetrator’s fault form was intention. In order to identify the perpetrator intentionally subject, we must take the ways of refusing to pay labor remuneration, the objective environment of the crime, the frequency of the behavior and so on.The second part is the identification of this crime. In order to accurately identify this crime in judicial practice, this paper analyzes the boundaries of this crime and related crimes. Within this crime、embezzlements the crime of refusing to implement court decisions and other crimes of violating property, there are many differences at crime subject aspect, subjective aspect, object aspect of crime and so on.The third part is the penalty of this crime. This part analyzes the provisions of the penalty of this crime and sentencing factors. The provisions of the penalty of this crime including the penalty of basic guilty and seriously consequential guilty. On sentencing factors, this crime has the legal leniency plot. Whoever commits the crime but has not yet caused serious consequences may be given a mitigated punishment or be exempted from punishment, provided that the actor, prior to public prosecution, pays labor remuneration to laborers and bear the corresponding compensation liabilities in accordance with the law. In addition, I believe we must take discretionary sentencing factors into account when sentencing for this crime.