“拒不支付劳动报酬罪”的理解和适用

Understanding and Application of "The Crime of Refusing to Pay Labor Remuneration"

拒不支付劳动报酬行为入罪符合国情民意,符合国际刑事法律的发展趋势,但是我国刑法修正案八的规定过于简单,可操作性不强。在理解该罪时,深入分析该罪侵犯的法益和构成要件,把握该罪条文的内涵与外延。同时,结合刑诉法相关规定说明拒不支付劳动报酬案可以自诉。

Taking the refuse payment to labor remuneration as a crime accords with national conditions and people＇s wish, and with the trend of development of international criminal law. But the eight provisions of the Criminal Law amendment are too simple, and with low operability. For the understanding of the crime, we should make detail analysis of the infringement of legal interests, the elements of the offense, and grasp the connotation and denotation of the offense provisions. At the same time, combined with the relevant provisions of the Criminal Procedure Law, refuse payment to the labor compensation case can be private prosecution.