Abstract:The Amendment (eight) of the Criminal Law sets the serious act of refusing to pay labor remuneration as a crime. The legislative intent is to better protect the legitimate rights and interests of laborers through this severe criminal law measure. This legislative regulation, to a certain extent, can surely restrain employers' act of refusing to pay labor remunerations. However, due to the complexity of social relations, especially labor relations, and the issues in the judicial practice regarding the crime of refusing to pay labor remuneration such as the unclear work scope of administrative organs, the instability of coordination between administrative and judicial organs, this legislation does not fully protect laborers' rights and interests. The issues like the status of preposed administrative procedure, definition of the procedure by relevant departments, fixing of the way and characteristics of order and so on need to be examined regrading the crime refusing to pay labor remuneration. To a certain extent, the superimposition of preposed administrative procedure in the Amendment is unreasonable.
