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《刑法修正案(八)》第41条实施之前,我国法律对拒不支付劳动报酬行为的打击力度相对较弱。且该法条在犯罪的行为方式、犯罪对象、罪状表述等方面的表述过于抽象、原则,使得实践中那些应当受到刑法惩罚的拒不支付劳动报酬行为尚未得到有效的刑法规制。文章针对《刑法修正案(八)》第41条存在的问题进行分析,并结合国外和我国香港地区相关规定之解读提出了粗浅建议,旨在完善其不足。
Before the implementation of Article 41 of the Criminal Law Amendment (8), China’s laws were relatively weaker against cracking down on remuneration for labor remuneration. Moreover, the expression of the law in the criminal behavior, object of crime, statements of guilt and other aspects of the statement is too abstract, so that in practice those who should be punished by criminal penalties are not paid labor remuneration has not yet been effective criminal law. The article analyzes the existing problems in Article 41 of the Amendment to the Criminal Law (8) and puts forward some superficial suggestions based on the interpretation of the relevant provisions in foreign countries and in Hong Kong, China, in order to perfect its deficiencies.