On The Research Of The Criminal Of "Refusing To Pay The Labor Remuneration"

National People’s Congress on February25,2011considered and adopted the "Criminal Law Amendment (eight)" in the new crime of refusing to pay for work is the public’s expectations, but also the demands of reality. While refusing to pay for work behavior incrimination is not long, but whether this act should be discussed incriminating but for seven years. Formally into sin, and the behavior reflects the legislators "people-based" concept of rule of law, embodies the criminal law pay more attention to the protection of human rights, carry out and implement the people-oriented scientific outlook on development, rule of law is of great significance to our country. Firstly for refusing to pay labor remuneration crime legislation background, legislative process are summarized, and by comparing the domestic and foreign to the refuse to pay the remuneration behavior law, reflection on the issue in our country legislation gaps and deficiencies, thus refusing to pay labor remuneration crime legislative regulation has the vital significance. In addition, according to the general provisions of criminal law about the theory of crime constitution, combined with the specific provisions of law, the specific provisions for refusing to pay labor remuneration sin the objective and subjective elements of constitutive requirements, respectively, carried on the detailed analysis, and puts it in practice in the future how to better identify and apply provides the personal views and opinions. Besides the introduction and conclusion, also includes three parts:The first part of the author from the crime of refusing to pay for work to start legislative overview, noting that refused to pay labor remuneration sin refers to the act in order to implement the transfer of property, escape and other methods to evade the payment of remuneration to the workers or the ability to pay rather than pay wages have a relatively large amount, and ordered to pay by the relevant government departments are still paying behavior. After the legislative background of the author in relation to the crime, legislative and content after a detailed analysis, and each pair of civil law and common law countries, regulatory status were compared, indicating that refused to pay labor remuneration incriminating significance.The second part the author objectively constitutive requirements on refusing to pay labor remuneration sin has carried on the detailed analysis.Main objective elements and objects from two aspects to proceed, and combine the existing legal provisions and judicial interpretation of the "worker","remuneration","ability to pay refused to pay","large amount","serious consequences." the definition of terms such as providing a personal point of view."Worker" means adjusted by the labor law and the fact that the employer has a labor relationship."Remuneration" means in accordance with the "Labor Law" and "Labor Contract Law" and other laws deserve including wages, bonuses, allowances, subsidies, extended working hours and wages of the wages paid under special circumstances such as economic returns."Own Ability to pay refused to pay" by the criteria for can afford to pay the judgment standard and the offender should be property ability two aspects.The "large amount" of that judicial interpretation has been given to all regions sufficient discretion to require each region can be combined with local conditions to determine their own standards. Finally, the "serious consequences" not only from the identification number of considerations should also focus on the plot inspection.The third part is the author of the crime of refusing to pay labor remuneration subjective components of the specific analysis. Through the comparison of scholars around the different point of view, think this crime subjective aspect should be deliberate, including direct intent and indirect intent, In addition,the purpose of crime and crime motive, and judiciary conviction sentencing factors should be given due consideration. The subject of the crime is a complex subject, both personally, but also including units, China’s state organs are not the subject of the crime, but in some cases, the indirect labor body can also become the main responsibility for the crime.In short, the author of the crime of refusing to pay for work a few basic questions to be studied and analyzed, and faced with the current new situation and new tasks proposed for the crime of refusing to pay labor remuneration recommendations, it is hoped to attract more departments, organizations and individuals to participate in this cause in the past, in order to build a better system of social order in the labor market to do a little modest.