论文部分内容阅读
犯罪的实质属性,法益侵害性、非难可能性与刑法谦抑性要求罪的司法认定须准确。强迫职工劳动罪的司法认定须首先明确其法益属性,法益作为独立于构成要件的因素,是从构成要件界定本罪的关键,就本罪而言,其法益不应包含职工的休息权,而只是职工的人身自由权。具体认定该罪一要从强迫职工劳动罪的构成要件入手,区分罪与非罪。其中讨论本罪共犯问题。二要从界定强迫职工劳动罪与非法拘禁罪的区别入手,区分此罪与彼罪。还须把法益贯穿其中,结合犯罪的形式属性和实质属性,以准确地对本罪进行具体的司法认定。
The substantive nature of the crime, the infringement of the law, the possibility of non-difficulty and the moderation of the criminal law require that the judicial determination of the crime be accurate. Judicial identification of compelling employees to labor crime must first clarify the legal benefits, legal benefits as independent of the elements of the constitution, is the key to defining the crime from the elements of constitution, for the purpose of this crime, its legal interests should not include workers’ right to rest, and Only workers personal freedom. Specifically, the crime should be forced to start from the composition of labor crime elements to start, to distinguish between sin and non-sin. Which discusses the issue of accomplice of this crime. Second, we should start with the distinction between the crime of forcing workers to work in forced labor and the crime of unlawful detention, and make a distinction between the crime and the crime. It is necessary to run through the law and benefit and combine the formal and substantive attributes of the crime so as to accurately determine the specific judicial affirmation of the crime.