拖欠工资是否入罪,目前在社会上引起广泛争议。特别是争议多时的恶意欠薪罪终被写入刑法修正案(八)草案,并于8月23日提交了全国人大常委会审议。然而本文认为,欠薪逃匿应理性对待,现如今迫在眉睫的不是感性的进行设罪,而是从实际出发理性地完善法律法规,从而规范劳资关系,稳定社会公共秩序,促进社会和谐。 The problem of whether the wages owed in arrears has now caused widespread controversy in the community. In particular, the long-disputed controversial offense of wage arrears was eventually written into the draft of the Criminal Law Amendment (VIII) and submitted to the Standing Committee of the National People’s Congress for deliberation on August 23. However, this article argues that the escape of wages due to default should be rationally treated. Nowadays, it is not imminent to set guilt on the perceptual basis. Instead, we should rationally improve the laws and regulations so as to standardize the relations between labor and capital, stabilize social public order and promote social harmony.