Research On The Crime Of Refusal To Labor Payment

In recent years, since our country economy appeared to last, stable development,city the main labor force is derived from the rural workers, they on the enlargement ofthe city scale has contributed to. Because our country existing enterprise credit systemis not perfect, the rampant malicious default laborer labor remuneration, has notreceived the attention of relevant section, never find a way to solve the problem, torefuse to pay labor remuneration behavior has seriously affected workers and theirfamily normal life, also has affected the social harmony and stability. AlthoughChina’s current labor laws and regulations have been made many regulations on laborremuneration, to the protection of workers’ legitimate rights and interests of a certainrole in promoting. But the existing legal provisions can not effectively managementrefused to pay labor remuneration phenomenon. Therefore, experts, scholars andrelevant departments have advocated to refuse to pay labor remuneration behavioralincrimination, incorporated into the criminal law category. By February25,2011, thecriminal law amendment (eight), the malicious acts on official crime, to refuse to paylabor remuneration shall be investigated for criminal responsibility in the crime, thecriminal law276th added a: to transfer property, escape evade pay laborersremuneration or ability to pay rather than pay the labor of laborer reward, the largeramount, the relevant government department shall order it to pay is not paid, at threeyears of fixed-term imprisonment or criminal detention, or impose fines; causingserious consequences, department for more than three years of fixed-termimprisonment of seven years, and shall also be fined. Units committing the crimementioned in the preceding paragraph, the unit is to be fined, and the persons who aredirectly in charge and the other persons directly responsible shall be punished according to the preceding paragraph. Have the acts mentioned in the preceding twoparagraphs, but causing no serious consequences, the prosecution before the paymentof labor wages, and shall bear the corresponding liability for compensation, can bereduced or exempted from punishment. Thus, refused to pay labor remunerationbehavior as the crime, will fundamentally govern our country flood years of refusal topay remuneration phenomenon, will effectively prevent and combat this refusal to payremuneration act, workers’ rights and interests will be fully protected. This paperintends to refuse to pay the present situation, causes, necessity, feasibility, and refusedto pay labor remuneration crime and judicial issues in-depth study.This article altogether divides into three parts:The first part is the refusal to pay remuneration to the legislation of the crime ofbackground. Mainly on China’s refusal to pay remuneration behavior characteristicsand the analysis of the causes of, and for refusing to pay the social harmfulness ofbehavior, criminal law, criminal law punishing crime should be the basiccharacteristics and the domestic, abroad for refusing to pay labor remunerationlegislation discussion. Consider adding to refuse to pay labor remuneration crime isnecessary, feasible.The second part is the refusal to pay remuneration to constitute the crime.Specific analysis of the refusal to pay remuneration, subjective aspects of crime,object, objective aspect of crime.The third part is the refusal to pay remuneration to the relevant judicialcognizance of crime. The main refused to pay the crime, crime, the crime and thecrime with the non-crime boundary are analyzed, as well as its and refusing to executethe judgment, ruling, the crime of embezzlement crime, the crime of misappropriationof funds, the crime of fraud in the judicial recognition of the differences are discussed.