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近年来,因为恶意欠薪引起群体性和恶性事件屡屡发生,不断激化社会矛盾,引发一系列的社会问题。于是《刑法修正案(八)》顺应时代的要求将恶意欠薪行为正式入罪,以维护社会稳定、宣扬社会公平正义和推动社会经济发展。但是新罪名本身的一些模糊性给执法带来了难度。如何保障该立法目的顺利实现,值得学者们做进一步的探讨。
In recent years, due to the frequent occurrence of mass incidents and vicious incidents caused by malicious wage arrears, the social conflicts have been sharpened over time, triggering a series of social problems. Thus, the “Amendment to the Criminal Law” (8) complied with the requirements of the times to formally commit criminal acts of arrears in order to maintain social stability, promote social fairness and justice and promote social and economic development. However, the ambiguity of the new charges itself has brought difficulties to law enforcement. How to guarantee the smooth realization of this legislative goal deserves to be further discussed by scholars.