Recently, the Supreme People's Procuratorate issued typical cases of procuratorial organs safeguarding the legitimate rights and interests of workers in accordance with the law. What are the characteristics of these typical cases? What are the considerations behind the development of case studies? What role will the case play in promoting the ongoing special action of "monitoring and protecting people's livelihoods"? Recently, the head of the relevant department of the Supreme People's Procuratorate answered questions from reporters regarding the above-mentioned issues. The reporter learned that in recent years, the procuratorial organs have continued to increase their efforts in handling criminal cases of refusing to pay labor remuneration, strictly punishing malicious wage arrears in accordance with the law, and ensuring that workers receive their wages in a timely and sufficient manner to the greatest extent possible, in order to ensure the basic bottom line of people's livelihood. According to the data, in the first quarter of this year, the procuratorial organs nationwide approved the arrest of 264 people in 260 cases against suspect who were ordered to pay but still refused to pay labor remuneration due to their atrocious circumstances and serious consequences, accepted the review and prosecution of 936 people in 799 cases of crimes of refusing to pay labor remuneration according to law, and filed 222 public prosecutions of 240 people according to law. How should some small and micro enterprises deal with temporary wage arrears caused by serious operational difficulties? The person in charge of the First Procuratorate of the Supreme People's Procuratorate responded to this. "While punishing cases of malicious wage arrears in accordance with the law and helping workers recover losses, attention should also be paid to grasping the boundary between enterprises' arrears of labor remuneration due to financial difficulties and malicious wage arrears, in order to avoid triggering new secondary conflicts." The head of the First Procuratorate said that the procuratorial organs should implement the criminal policy of combining leniency and severity in accordance with the law. For cases where the criminal circumstances are significantly minor, the harm is not significant, the amount of wage arrears does not meet the legal prosecution standards, or malicious wage arrears that do not belong to the ability to pay but refuse to pay, a decision of not to prosecute should be made in accordance with the law. According to statistics, in the first quarter of this year, the procuratorial organs across the country did not have to arrest 161 people for the crime of refusing to pay labor remuneration, and 392 people made 317 decisions not to sue in accordance with the law for those suspect (units) who sincerely pleaded guilty and repented, tried their best to remedy and pay labor remuneration in full, and timely carried out corporate compliance rectification. Due to the delayed payment of wages by the construction site manager, Chen and four other construction workers were worried that their children would not be able to pay their tuition fees in a timely manner after school started. Therefore, they sold the steel bars on the construction site. Taking into account that the criminal behavior committed by the four individuals was due to unpaid wages leading to living difficulties, although there were many thefts, the amount stolen each time was relatively small. Finally, the procuratorial organs made a relative non prosecution decision against Chen and the four others in accordance with the law. In response, the person in charge of the First Procuratorate stated that the procuratorial organs adhere to the equal emphasis on cracking down on crime and protecting rights and interests, and do not simply handle cases. For erroneous "self relief" cases caused by unpaid wages, the criminal policy of combining leniency and severity is implemented to ensure that innocent people are not criminally prosecuted. Exploring the support and prosecution of workers' rights and interests in new business forms As China's economy enters a critical period of transformation, workers have higher requirements in the protection of labor rights and interests. The employment mode of new employment forms promoted by the Internet sharing economy also puts forward new propositions for the protection of labor rights and interests. In light of the actual situation of civil procuratorial supervision and case handling, the person in charge of the Sixth Procuratorate of the Supreme People's Procuratorate pointed out that the current labor dispute cases have exposed three problems: first, the implementation of labor rights by employers
Edit：Ying Ying Responsible editor：Shen Chen
Source：jcrb.com
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