恶意欠薪刑法规制研究——以许某恶意欠薪案为例-法学专业论文.docxVIP

STUDY ON THE CRIMINAL REGULATIONS ABOUT DELAYING WAGES MALICIOUSLY ——TAKE THE CASE OF XU MALICIOUS BACK PAY FOR INSTANCE ABSTRACT With the development of Socialist Market Economy of our country, it is a recurrent phenomenon to delay worker’s wages maliciously, which becomes a serious problem perplexing our government. The phenomenon of delaying wages maliciously not only intensified the social contradiction but also brought a series of problems. This dissertation through the case of malicious back pay crime as a lead to the topic, then analyze the constitution of the crime of refusing to pay labor remuneration. After that, the difficulties in the actual application of this crime are pointed out and some suggestions for perfecting this crime are presented. This dissertation is divided into four parts as follows: The first part mentions the typical case and brief introduction of malicious back pay crime. This section provides an overview of typical case of malicious back pay crime and the summary analysis of the case. Some questions were brought up, which leads to the following. The second part gives an overview of malicious back pay crime. This section briefly introduce the concept and characteristics of malicious back pay crime, then analyses the conviction elements of malicious back pay crime, the boundary of the crime with the non-crime is analyzed. At the same time, this part makes a distinction between the malicious back pay crime and other similar crimes. The third part points out the several problems existing in the judicial determination of malicious back pay crime. This section mainly includes the problems in the application of related elements. The fourth part puts forward some suggestions to perfecting the malicious back pay crime. This part mainly puts forward some opinions and suggestions in view of the problems in judicial determination which mentioned in the third part. KEY WORDS: delaying wages maliciously; constitution of the crime; application dil