论恶意欠薪罪-法律专业论文.docxVIP

摘 要 入刑法，并不违背刑法的谦抑性特征；另一方面由于恶意欠薪罪出台伊始， 各方面还不尽完善，本文将从恶意欠薪罪的主要涵义、成因和恶意欠薪罪 的构成特征、恶意欠薪罪与其他财产性犯罪的区别方面来全面认识恶意欠 薪罪，进一步分析恶意欠薪罪在立法中存在的缺陷和适用中存在的困难。 最后，借鉴国外和部分地区关于恶意欠薪罪的相关立法和司法实践中优秀 的成果来具体结合我国的国情提出对恶意欠薪罪的完善措施的相关建议， 来增强未来我国恶意欠薪罪的可操作性。 关键词：恶意欠薪罪，犯罪构成，刑法规制 2 ABSTRACT ABSTRACT Occurred in payment of labor remuneration, social conflict, the behavior of paying wages to laborers under the market economy, the rapid development of flexible forms of employment, employers and workers, our labor law has been some regulation, but because of the labor law a lack of mandatory, the employer paying wages to laborers situation has not improved. Prime Minister from 2003 pay talks start until February 25, 2011, the 11th National Peoples Congress adopted the amendment of the Criminal Law of the Peoples Republic of China (hereinafter referred to as punishment repair eight ), the Code amendment to the malicious behavior of arrears of salary into the criminal justice system, is defined as the crime of malicious Wages. Malicious Wages under the provisions of 8 section 41 of the Criminal Law Amendment, refers to: the ability to transfer property into hiding, and other ways to evade payment of remuneration to the workers or to pay without payment of remuneration to the workers, a relatively large amount, still paid by the behavior of the government departments concerned shall be ordered to pay. Malicious Wages socialist market economy to a certain extent, the drawbacks of the market economy exposed, employers and workers concerning the payment of salaries has become an increasingly prominent product. Malicious Wages incrimination can be described as the reality of the urgent need to reflect the legal echoes of reality and the progress of lgislation. Malicious wage offenses into the Criminal Code of profound practica 3 ABSTRACT l significance, the regulation can be a good labor party against legal interests of laborers. Therefore, the behavior of malicious Wages incrimination is not contrary to the modest