拒不支付劳动报酬罪的认定分析-法律专业毕业论文.docxVIP

II II A study on the determination of refused to pay remuneration Abstract Refused to pay the labor remuneration problem is a universal existence social phenomenon in recent years. In order to strengthen the protection of the peoples livelihood, the country for some seriously damage the interests of the laborer behavior increase penalties, and will be part of the wage arrears behavior into the scope of criminal law. Punishment, how to reasonably define refused to pay the labor remuneration behavior crime, in the applicable process, the reasonable conditions of this crime, to make it more scientific and effectively play its role, as lawyers and judicial practice are discussed. Based on the typical cases as the breakthrough point, just as the value orientation, from the legislation of the crime, rational analysis, detailed crime constitutive requirements, to in the practice of this crime in the judicial recognition of the problem and advice are put forward. This paper studies the main content of the cognizance of criminal subject, the cognizance of labor remuneration, identifying and ordered to pay ability to pay. Specific research questions have multiple cases of labor relations, whether a direct labor relations labor body become the subject of this crime; Based on existing workers labor relations of social insurance, welfare, economic compensation if they belong to the scope of labor remuneration; Understand evade payment and have the ability to pay, clear judgment standard with the ability to pay in different social relations; Unambiguous shall be ordered to pay the body of the scope and order of payment, procedures must be in the form of legal. Keywords: Crime of refusing to pay the remuneration Constitutive requirements Judicial cognizance 目 录 中文摘要··························································································· I Abstract ······················································································· II 引 言 1 第一章 拒不支付劳动报酬