公安机关办理拒不支付劳动报酬案件应注意的问题

The Problems that the Public Security Department Should Pay Attention to When Dealing with the Case of Refusing to Pay the Remunerations

《中华人民共和国刑法修正案(八)》增设了拒不支付劳动报酬罪,为保护劳动者的合法薪酬权益和打击拒不支付劳动者报酬的行为提供了明确的刑事法律依据。作为新设罪名,公安机关应重点关注其中的新内容。在审查拒不支付劳动报酬案件的立案材料时,应当重点审查是否具有劳动行政部门要求用人单位支付劳动报酬的《劳动保障监察行政处理决定书》或者行政复议机关要求用人单位支付劳动报酬的《行政复议决定书》。对"经政府有关部门责令支付仍不支付"不能仅按字面意思简单理解,而是应当参照劳动保障行政部门或行政复议机关申请人民法院强制执行的条件对其作出认定;应以我国劳动法律法规为基础理解"劳动者"的范围。

The crime of refusing to pay the remunerations is added in Amendment to Criminal Law of the People＇s Republic of China（Edition 8）,which provides definite criminal law basis for protecting the laborer＇s legal remunerations and striking against the activities of refusing to pay the remunerations.As a new crime,the public security department should pay more attention to its new contents.When examining the case-filing materials of the case of refusing to pay the remunerations,the public security department should focus on examining the Administrative Dealing Decision of Labor Security Supervision,in which the labor administrative department requires the employer to pay the remunerations,and the Administrative Reconsideration Decision,in which the reconsideration department requires the employer to pay the remunerations.The public security department could not understand the meaning of ＂after the concerned government departments order,but the employer still refused to pay＂ from words,but according to the executing conditions of the people＇s court that applied by labor security departments or reconsideration departments.And the public security department should understand the scale of ＂laborer＂ on the basis of Chinese labor regulations and laws.