Refused To Pay Labor Remuneration Crime

With the rapid development of China’s market economy, the labor market quicklycontinues to grow,the number of workers has been increasing year by year, at thesame time, labor disputes have been increased seriously. In recent years, across thecountry as the employer refused to pay labor remuneration caused by suicide,violence,the employee battered and other malignant events and groups to petition thebehavior occur frequently.Protecting workers’ legitimate rights, Standing Committeeof the NPC adopted by a vote on May1,2011"Amendment Ⅷ to the Criminal Lawof the People’s Republic of China"formally refuse to pay labor remuneration behaviorrecognized as a crime.Although refusing to pay labor remuneration behavior alreadyhas been incriminated, the offense is going to face the application for further study ofits theoretical basis, so I try to use the basic theory of criminal law to make my ownviews and suggestions from the crime Important Constituent Identification,unfinished form of the crime, crime or the boundaries as well as the application ofthis crime sentencing combined with current practices related to theoretical issues,.The paper is divided into three parts:The first part is an overview of the crime of refusing to pay labor remuneration,mainly in the inspection of the legislative Present Situation of foreign-related charges,comparative analysis of the rational and scientific of refusing to pay laborremuneration crime charges,and then through analyzing the domestic and foreignscholars for violations of workersrights of crime, determine the concept of refusing topay labor remuneration crimes: the crime of refusing to pay labor remuneration refersto the employer or individual taking a variety of ways to refuse to pay laborremuneration damage the behavior of the labor system, which seriously infringe on establishing labor relations party creditor,and the amount of arrears is largely thatafter the relevant government departments’ order is still not paid.The second part is combined with the offense of criminal elements and criminallaw theory, discusses the need to be resolved when the offense identified, the firstarticle points out that the crime of violation of the object as a complex object, themain object of the remuneration to the workersright,secondary object for the country’slabor system, criminal behavior for the arrears of the workers’ wages, bonuses,allowances, subsidies and other monetary, in kind, services, and the employer fails toperform to the payment of obligations so that workers can not enjoy the governmentpaid toworkers’ social insurance and other basic social security benefits, shall beordered by labor administrative departments, as well as the labor dispute arbitrationcommittee, not as a way of refusing to pay, the performance of the subjective aspectof crime was deliberate on the subject of crime, the article that the stateorgans,institutions, organizations for civil subject identity may become the subject ofthe crime.In addition, the article also combines the characteristics of the attempted crime,the crime of attempted when the difference between partnership and labor-lawrelations, the right to remuneration for labor in the illegal employment state whetherthe protection of the two angles define the practice of refusing to paylaborremuneration crime in identified crime or boundaries.The third part is to study the factors of the offense needed to be considered insentencing and the Sentencing perfect, several factors that mainly should be thefollowing considerations into account: First, the unique discretionary sentencing ofthis crime,second, the number of victims; third, comprehensive identify the amount ofthe crime combined with the victims of this crime factors, factors of the crime wascommitted and when competing with other crimes involving sentencing equal factors.On the improvement of the punishment fits the crime, the article points out thatjudicial interpretation issued by the two high crime to urban residents year per capitadisposable income in the amount of identified crime as a standard response to thesecond grade the punishment fits the crime "serious consequences" for specific enumerated.