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恶意欠薪入罪对遏制恶意欠薪起到了一定的作用。最高人民法院《关于审理拒不支付劳动报酬刑事案件适用法律若干问题的解释》发布增加了司法实践的可操作性,但仍有诸个疑难问题需要加以解决,社会保险不应属于本罪的劳动报酬范围,劳动仲裁部门应当视为政府有关部门,恶意欠薪同时构成其他犯罪的以数罪制度和理论予以解决。
The crime of malfeasance has played a role in curbing the wage arrears. The Supreme People’s Court’s “Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Relating to Non-payment of Remuneration” has increased the operability of judicial practice but there are still some difficult problems to be solved. Social insurance should not belong to the labor of this crime In the scope of remuneration, the labor arbitration department should regard it as the relevant government department, and the system of several crimes and theories to solve the problem of malicious wage arrears while constituting other crimes.