“用人单位”的刑法意义探讨——以强迫职工劳动罪为视角

On Criminal Law status of Employer:From the Perspective of Crime of Forcing Employees to Work

"用人单位"本是劳动法中的概念,但是,经过《刑法》第244条的进一步确认,又赋予其刑法意义。根据罪刑法定原则,"用人单位"可以构成强迫职工劳动罪的单位犯罪主体。对此,不论从刑法与其他部门法的关系,还是按单位犯罪的代罚制原则,以及根据适用刑法人人平等原则,乃至从司法解释的合法性上来看,劳动法中的"用人单位"概念在刑法上均可以得到合理、合法的解释。

Employer is a concept in labor law, but now it is also a concept in criminal law after the affirmance of the Article 244 of criminal law. According to the principle of legally prescribed punishment for a specified crime, the subject of crime of forcing employees to work should be employers, and all employers in labor law can be the subject of this crime according to the relation between criminal law and the relative laws, the principle of natural person＇ s being punished in place of a unit, the doctrine of equality in criminal law, and the legitimacy of judicial interpretation.