2010Unpublished venueRequires access

Problems and Solutions:On the Enactment of Labor Criminal Law

Tao Jiang

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Abstract

Labor criminal law originated in developed countries,but it is neglectd in present criminal law of China,resulted from lack of theoretical study in practice,the administrative interference,and inadequate jurisprudence.Therefore,the criminal law failed to deal with labor illegality effectively.Due to the unique characters of labor law,enacting labor criminal law shall meet the following requirements: realizing non-criminalization and light punishment of collective labor dispute,implementing non-criminalization and light punishment of individual labor illegality,and carrying out criminalization and severe punishment of employment crime.

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Labor criminal law originated in developed countries,but it is neglectd in present criminal law of China,resulted from lack of theoretical study in practice,the administrative interference,and inadequate jurisprudence.Therefore,the criminal law failed to deal with labor illegality effectively.Due to the unique characters of labor law,enacting labor criminal law shall meet the following requirements: realizing non-criminalization and light punishment of collective labor dispute,implementing non-criminalization and light punishment of individual labor illegality,and carrying out criminalization and severe punishment of employment crime.

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Available abstract

Labor criminal law originated in developed countries,but it is neglectd in present criminal law of China,resulted from lack of theoretical study in practice,the administrative interference,and inadequate jurisprudence.Therefore,the criminal law failed to deal with labor illegality effectively.Due to the unique characters of labor law,enacting labor criminal law shall meet the following requirements: realizing non-criminalization and light punishment of collective labor dispute,implementing non-criminalization and light punishment of individual labor illegality,and carrying out criminalization and severe punishment of employment crime.

Key concepts: Criminalization, Criminal law, Punishment (psychology), Labour law, Law, Political science, Jurisprudence, Criminology

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