拒不支付劳动报酬罪的法经济学分析

Analysis of the Crime of Refusing to Pay Labor Remuneration from the Standpoint of Legal Economics

《中华人民共和国刑法修正案(八)》颁布前,欠薪逃匿行为的预期惩罚过低,劳动力成本不断上升意味着欠薪逃匿行为收益上升,导致该行为呈高发态势,造成严重的社会损失。这是增设拒不支付劳动报酬罪的经济原因,也是刑罚调整欠薪逃匿行为的正当性基础。社会成本的最小化是该罪法律适用的经济目标,也是刑罚调整欠薪逃匿行为的必要限度所在。为此,应当全面衡量其社会成本,对"政府有关部门责令支付仍不支付的"作限缩解释,正确适用该罪的减轻或者免除处罚规定。

Before the eighth amendment of criminal law, the too-low expected punishments for behaviors of escaping wage and rising labor costs resulted in a high incidence trend for this kind of behavior because of its rising benefits, and brought about serious social loss, which is the economic reason for adding the crime of refusing to pay labor remuneration, and also the legitimacy of penalty for behaviors of escaping wage. The minimization of the social cost of the crime is the economic goal of the legal application of the crime, and is the necessary limit of the penalty for behaviors of escaping wage. Therefore, its social cost should be com- prehensively measured, ＂concerned government departments charge to pay but still not pay＂ should be restrictively interpreted, and the rules of alleviating or exemption from penalization should be correctly applied.