论拒不支付劳动报酬犯罪对经济秩序的危害及其治理

拒不支付劳动报酬、恶意拖欠工资状况的蔓延和愈演愈烈,已对经济秩序和社会生活造成了多重损害,对交易秩序的破坏和诚实信用原则的违反尤甚。《刑法修正案（八）》将拒不支付劳动报酬入罪非常必要,十分及时。分析拒不支付劳动报酬罪的特征和构成要件可以为司法机关正确适用法律提供保障。惩治拒不支付劳动报酬犯罪,有助于经济生活秩序的良性化;执法部门和企业建立防范拒不支付劳动报酬的相关制度,综合运用劳动行政法律手段,最终引导劳资之间平等法律关系的形成。

On Hazard to Economic Order in Crime of Refusal of Labor Payment and Its Governance

The spread and intensified situation of refusal or malignant arrear of labor payment have already caused multiple damages to economic order and social lives,especially in damage to transaction order and in the violation of principles of honesty and credibility.It is very necessary and timely that Amendment to Criminal Law（VIII） incriminates the refusal of labor payment,the analysis of whose characteristics and key components can provide judicial offices with guarantee to apply the law appropriately.Punishment on refusal of labor payment is helpful to favorable economic order;relevant precaution systems against refusal of labor payment by lay enforcement agencies and enterprises by comprehensive application of labor law and administration measures will lead to the formation of equal legal relations between the labor and the capital.