Improvement Of The Legal System Of The Crime Of Refusing To Pay Labor Remuneration

According to statistics from related departments,with the rapid development of our society and economy,China's migrant workers a total of around 270 million,and the mass incidents caused by the "malicious wage arrears" have been emerging in recent years.How to protect such a large vulnerable group,the focus of controversy is whether it will be included in the Penal Code to be regulated until the criminal law amendment(eight)through the national people's Congress Standing Committee,and its provisions in the41 st for the crime of refusing to pay labor remuneration.Since then the dispute of malicious wage arrears could be settled.Two years later,there were more problems in judicial practice,so the Supreme People's Court has promulgated the interpretation of several issues concerning the application of law on refusing to pay criminal cases of labor remuneration,and hopes that the legislation of this crime will be perfected through the content of the interpretation,and it solves the problem of specific legal application of this crime in judicial practice at the same time.The "dangerous driving crime" with this crime is often appearing in the public view,but it is seldom heard about the application of this crime,but the mass incidents caused by refusing to pay the remuneration of labor in real life are not uncommon.Aiming at this phenomenon,the author puts forward his viewpoints and suggestions by interpreting the existing legal system,hoping to benefit the crime in judicialpractice.Firstly,this paper begins with the introduction of the legal system of refusing to pay the crime of labor remuneration,analyzes the criminal background and legislative provisions of China's refusal to pay the crime of labor remuneration,and enumerates the provisions of foreign countries refusing to pay the crime of labor remuneration.Through the comparison of the regulation measures and the crime statement,the paper summarizes the revelation to our country's legislation;then from the elaboration of the establishment of the legal basis of refusing to pay the crime of labor remuneration,the right to remuneration is a basic human rights,is an important condition for human survival and development,but also the basic rights conferred.The second is to comb our legislation to refuse to pay the crime of labor remuneration and the existing problems.such as the connotation and extension of labor remuneration is unclear,the "large amount" standard,"ability to pay without paying" the definition of "government departments," the extension of the statutory lenient circumstances of excessive sentencing causes the perpetrator to evade the penalty.Finally,the article proposes the perfection of the proposal,including:extending the extension of labor remuneration,joining the social Insurance and Housing Provident Fund,and comparing with the quantitative analysis and qualitative analysis.Perfecting "large amount" criterion,distinguishing the nature of the subject of employment,setting up the criterion of "ability topay without paying",and analyzing the "Government departments concerned" which can be ordered to pay,it is suggested that the parties to "labor disputes" refuse to enforce the judgment of the People's Court.The ruling includes a kind of ordering payment procedure,perfecting the statutory lenient sentencing plot and simultaneously introducing the qualification type,disqualifying the perpetrator engaging the related profession after the penalty.