试论强迫劳动罪.pdfVIP

司法机关要想做到正确地定罪量刑，必须对以上问题予以重视并且进行及时有效的处 理。 关键词：强迫劳动；犯罪构成；情节严重；界定 2 Abstract In todays social economy high speed development in our country, as a social wealth creators of the legitimate rights and interests of labor personnel are constantly subjected to abuse:A large number of unit of choose and employ persons or natural persons through such means as violence, threat, forcing workers to labor, and obtain illegal interests. Due to 1997 criminal law regulations on crime of force worker labor hysteresis and on the applicable limitations, cannot be a powerful blow to this kind of behavior of forced labor, So, our country in 2011 by a criminal law amendment (eight) modified the related terms, stipulated the crime of forced labor, effectively made up for the inadequacy of prescriptions of the crime to force worker labor, to better safeguard the lawful rights and interests of workers. This article from forced labor behavior into the crime of reason as the breakthrough point, through comparing the foreign legislation about the crime of forced labor, find out the existing problems in the regulations on forced labor behavior, reason and suggestion are put forward. At the same time, combining with the actual of criminal law amendment (eight) related to the crime of forced labor in the new rule gives objective evaluation. Then, using the new law on the crime of forced labor carries on the detailed analysis and definition of the constitution of crime, and points out that some in the crime of forced labor as it should be noted in the course of such issues as the difference between the accomplice, and other crimes, to make the new provisions of the crime of forced labor can be correctly