Our Country Criminal Law Regulating The Malicious Back Pay Problem Research

At present, the malicious wages phenomenon is increasingly common. It affects the normal life of the workers and their families seriously and also the social’s harmony and stability. But our current civil laws are not sufficiently effective for the governance to malicious wages phenomenon. Because of this, it is very important to use of criminal law regulation on wage offenses. From2005to2010, there are NPC deputies proposed the motion, seeking to amend the Criminal Code to add Malicious wages crime on each time of National People’s Congress, so that those people unscrupulous Wages will bear the corresponding criminal liability. In this regard, the theoretical circles through all the discussion put forward various views and recommending. In April2010,on the eleven session of the nineteenth meeting of the Standing Committee on the criminal law amendment (eight),the" Malicious wages" was officially included in the scope of criminal law regulation. In 《The Supreme People’s court and the Supreme People’s Procurator ate execution of<the people’s Republic of China> determination of charges (five)》, the supplementary provisions will be as one of the276th article of the criminal law. The crime was determinate as refusing to pay labor remuneration. This is not only the aspirations of the majority of people, but also represents a big step forward in the history of the instructing of law in China. In this paper, through the related research material, introduced the legislative history of the criminal laws and regulations system, analyzed the rationality of additional sin, and the basic content of this crime. The existing problems of the crime are discussed and put forward some relevant improvement suggestions.The main part of this article is divided into four parts:The first part is of the legislative history and legislative rationality of the crime of malicious Wages.The second part is a specific analysis of the crime of malicious Wages, the main object of the crime, the objective aspect, the subject, the subjective aspect to analyze.The third part is the analysis of the problems the crime of malicious Wages by the legislative and judicial applicable. The fourth part is about the improvement of malicious Wages crime law and applicable recommendations.