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On The Crime Refused To Pay Labor Remuneration

Posted on:2015-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:J ChangFull Text:PDF
GTID:2296330467489428Subject:Law
Abstract/Summary:PDF Full Text Request
Economic development, people’s living standard growth, originally brought to society should be a harmonious, but the fact is not true, many problems erupted in society, refuse payment problems become even more violent that has been a serious threat to social stability, of course, this also is not our socialist country’s unique "characteristics" phenomenon, many developed countries have also occurred, In the face of these problems, the rest of the world, including China’s Hong Kong, Taiwan and so on will be refused to pay labor remuneration in the behaviors of the constitution, criminal law, administrative law, the scope of legal regulation.Enterprise arrears workers compensation, Lead workers self-mutilation, and other adverse events in our petition has also been "staged", Finally in February25,2011,NPC Standing Committee examined and adopted the "Criminal Law Amendment(eight)", The "crime of refusing to pay labor remuneration" as one of276, which is our right to punish the official labor body to use penalties owed wages to laborers behavior. Due to the applicable standards of justice throughout the judiciary is difficult to master the use of, the Supreme Court finally in January23,2013issued a "refusal to hear criminal cases refused to pay remuneration applicable law Interpretation of Several Issues" clearly refused to pay conviction and sentencing standard remuneration of sin, which gives law enforcement with the rain.Based on crime legislation refusing to pay labor remuneration of the reason, the basic concept, constitute a crime, and other aspects of the analysis of judicial interpretation, refused to pay around labor remuneration in reality crime problems such as bottlenecks encountered in the enforcement recommendations in order to improve the laws and regulations provide for the future of reference, workers compensation owed to suppress events from the source.The first part of this paper, the main body of the crime of refusing to pay labor remuneration in the background, purpose, meaning, ways to discuss the necessity of the sin housed in criminal law. The second part further clarify the concept of the crime of refusing to pay labor remuneration, the difference between this crime and other crimes and similarities between different makes of this crime to have an accurate grasp. The third part of the crime of crimes constitute analyzed. The fourth part of the crime occurred in the "interpretation" of relevant content were analyzed. The fifth part combined with China’s actual situation, the judicial interpretation to be perfect crime issues in detail, to make a few own recommendations to future legislation to make some contribution. Part VI of the other countries (regions)refused to pay remuneration on the law or that the provisions were analyzed, summarized worth learning, it is desirable to improve China’s relevant laws and regulations to help.
Keywords/Search Tags:labor remuneration, labor, labor body, refused to pay labor remuneration crime
PDF Full Text Request
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