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拒不支付劳动报酬罪是专门保护民事法律中的特定合同约定义务的典型罪名。《刑法修正案(八)》增设该罪的立法原义,是对所有劳动者的劳动报酬予以平等保护。将该罪的调整范围仅作狭义理解的观点,有违刑法保护平等原则。对拒不支付劳动报酬罪的调整范围作广义理解,是基于刑法平等保护原则和本罪构成要件的当然解释。据此,刑法第二百七十六条之一所保护的劳动者的劳动报酬,既包括劳动合同约定的劳动报酬,也包括雇佣合同约定的劳动报酬。
Refusing to pay remuneration for labor remuneration is a typical charge that specifically protects the obligations of a specific contract in a civil law. The Amendment to the Criminal Law (8) The legislative definition of adding this crime is to provide equal protection for the remuneration of all workers. The view that the range of adjustment of this crime is only narrowly understood violates the principle of equal protection of criminal law. A broad understanding of the range of adjustment for the crime of refusing to pay labor remunerations is a natural explanation based on the principle of equal protection of criminal law and the elements of the crime. Accordingly, the labor remuneration of laborers protected by Article 276 of the Criminal Law includes both labor remuneration as stipulated in the labor contract and remuneration remuneration as agreed in the employment contract.