On The Crime Of Refusing To Pay Labor Remuneration

In recent years, due to the lack of effective legal regulation, the behavior in our country refuses to pay labor remuneration frequent happened, and it produces a very negative social impact. So our country in2011considered and adopted the "Amendment (Ⅷ) to the Criminal Law of the People’s Republic of China (draft)", and included malicious wages crime in the amendment. We write the punishment of the crime of refusing to pay labor remuneration in criminal law which marks China’s criminal justice system towards the direction of developing more scientific, closer to people’s livelihood. Of constitution of the crime of refusing to pay labor remuneration crimes, about the object of a crime, the author believes that this crime first violates the worker’s right to receive remuneration, followed violates the orderly operation of the socialist market economic order. Objective aspect of crime, including the remuneration for labor, behavior, having ability to pay rather than pay, the amount required, and after ordered to pay by the relevant government departments who still do not pay. Subject of a crime will be the unit and the employer shall be the main body of this crime. The conviction of refused to pay labor remuneration’s difficult issues is to pay attention to the offence numbers, select the quantity of crime and an accomplice shape combined with the crime of refusing to pay labor remuneration for analysis, because these two patterns of crime have an important position in the Criminal Law while suiting theory and incriminating crime of refusing to pay labor remuneration, contribute to a better understanding of this crime. Criminal punishment, the penalty measurement difficulty how to understand serious consequences, and not cause serious consequences before the public prosecution to pay laborer labor compensation, and shall bear corresponding compensation liabilities can be reduced or exempted from punishment. Legislation perfect of refused to pay labor remuneration crimes in counts should learn the relevant legislation in Russia, to take examples of the methods specified in what is the serious consequences, and regulate it as crime handled only with complaint. On legal punishment, actors only pay part that does not constitute a reduced reason. The clear judicial interpretation can make the charges were use to the judicial practice correctly and reasonably and to play its due role of social norms.