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伴随着城市化发展进程的加速,越来越多的农民选择进城务工,但因劳资纠纷引发的矛盾也日益突出。一些被拖欠工资的农民工采取极端手段讨薪,维权未果却触犯法律的案件时有发生。为有效应对这一现实,加大对劳工人员权利保护力度,规制“恶意欠薪”行为,《刑法修正案(八)》增设了拒不支付劳动报酬罪,但如何理解适用才能起到良好法律效果和社会效果,还有待实践进一步检验。日前,本刊与北京市大兴区人民检察院共同邀请有关专家,对此类因讨薪引发的刑事案件处理中遇到的疑难问题进行了研讨。
With the acceleration of the process of urbanization, more and more peasants have chosen to go to cities for work, but the conflicts arising from labor disputes have become increasingly prominent. Some migrant workers who have been owed wages have resorted to extreme means to pay their salaries, and cases in which their rights have been unsuccessfully violated the law have occurred from time to time. In order to effectively cope with this reality, we should intensify efforts to protect workers’ rights and regulate “bad wages”, “Criminal Law Amendment (8)” has added the crime of refusing to pay labor remunerations, Good legal and social effects, to be further tested practice. Recently, this magazine and Beijing’s Daxing District People’s Procuratorate jointly invited experts to discuss such difficult problems encountered in the processing of criminal cases triggered by wage claims.