恶意欠薪刑法规制问题分析-宪法学与行政法学专业论文.docxVIP

serious social harm has reached the level of crime, abuse and the current laws and regulations exist for its regulation are not sufficiently strong, resulting in the lawful rights and interests of workers can not be effective protection; while malicious wages Criminal Law also has its theoretical basis: malicious actions are consistent with wages the basic characteristics of crime in line with the spirit of modesty criminal law, criminal law is conducive to the function and purpose; In addition, the Criminal Law also conduct malicious wages its legal basis, our existing laws and regulations on the protection of labor rights provisions of the law laid the atmosphere; is worth noting that malicious wage problem is not unique to China and other developed countries and regions such as Germany, Russia, South Korea, Thailand and Chinas Hong Kong region is also the problem also exists in these countries and regions most malicious behavior of wages and similar provisions of a crime, their legislation hostile to Chinas Criminal Law has provided valuable experience wage behavior, also shows that crime of malicious wages have been gradually become an international trend, Chinas criminal legislation should be the trend. The third part of the Criminal Law malicious wages legislative principles. This article discusses the criminal acts of malicious wages should follow the basic legislative principles: the principle of scientific definition, principles and both penalty seriously the principle of legal interest. Wages in the Criminal Law malicious behavior, payment of wages should be clearly defined acts of malicious content, attention to its general wages, wages and other similar malicious acts of the general distinction; for the malicious acts of people Penalty wage should be reasonable; in protecting the interests of victims should also be considered acts of the interests and social effects. Part IV malicious wages specific ideas about the Criminal Law. It is the ultimate goal o