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随着中国特色社会主义市场经济的发展,越来越多的私营经济,合资经济,集体经济和国有经济交织在一起,同时极大带动了越来越多的农民走出土地,走向这些实体经济工厂。但是,在市场经济繁荣发展的背后,劳动工人的劳动报酬是否能够被及时、足额的发放,已经成为影响我国社会主义和谐社会的一大漏洞和隐患,现实生活中也正不断上演着自杀讨薪、暴力讨薪、讨薪者被殴等诸多恶性事件和群体上访行为,社会危害性极大。因此,对于用工者恶意欠薪行为入刑所确定的“拒不支付劳动报酬罪”是十分必要的。本文将就拒不支付劳动报酬罪的立法必要性和实施现状做重点分析,以此来展望该项立法的未来发展。
With the development of the socialist market economy with Chinese characteristics, more and more private-owned economy, joint-stock economy, collective economy and state-owned economy are intertwined. At the same time, more and more peasants have been greatly driven out of the land and into the real economy factories . However, behind the prosperous and prosperous market economy, whether the remuneration of laborers can be paid in time and in full amount has become a major loophole and a hidden danger affecting the development of a harmonious society in our country. In real life, there is also a steady stream of suicides Salaries, violent pay, wagers were hit and many other vicious incidents and groups of petitions, the community is extremely harmful. Therefore, it is very necessary for the “refusing to pay remuneration for labor remuneration” as determined by the worker’s malicious wage arrears. This article will focus on the necessity and status quo of legislation on refusing to pay labor remuneration in order to look forward to the future development of the legislation.