The controversy over the case of the Henan court to judge the peasant laborers illegally

-Point of view reporter Deng Hongyang looked at the desk of a stack of criminal probation judgments, and the accused, the victims wrote a letter of thanks, Henan Province Zhengzhou Shangjie District People's Court president Zhu Yi Branch no case after the joy, on the contrary, there is a kind of pain can not be said. These are the judgments of the migrant workers in criminal cases caused by unpaid pay. Although the cause of the case is caused by the victims, migrant workers, after all, violates the criminal law, although the court in the scope of the law, the peasant workers in a lighter sentence, can be migrant workers due to the injury is not light.　　"March 28, Zhu Yi in an interview with the legal daily," said.　　Although it is within the scope of the law, let the victim, the defendant convinced of the verdict, but the Shangjie District People's Court of migrant workers in the illegal pay for the practice of lenient sentencing has sparked a controversy. The lawsuit procedure is too slow the peasant laborer beg the wage sword to walk slant "come out to work is not easy, but the boss does not give money." I was forced to sell the boss's computer.　　"Zhu Yi Branch in the handling of the case of the peasant worker Wang suspected theft, many times heard Wang such a statement. The court found that the boss of a king's unit was always in arrears with various excuses for the wages of employees, monthly only a small amount of living expenses. Wang's mother was ill in hospital in urgent need of money, he urged the boss to pay arrears of wages, the boss only gave hundreds of yuan.　　On one occasion, he was on the night shift, while the boss and colleagues are not, the office computer and other items stolen to sell.　　The court heard that this case is due to the boss of their own fault, and different from ordinary theft cases, Wang a subjective malignant, in the case before the law and discipline, has always behaved well, so the king a lighter punishment, sentenced to three years imprisonment, suspended four years, and a fine of 1000 yuan. Zhu Yi asked Wang: "Why do not you through labor arbitration or civil litigation channels for wages?" "Wang MoU replied:" Do not know where to carry on labor arbitration, besides, still have to pass a period of investigation. The lawsuit is too slow,. "The number of claims for entry into civil proceedings is not large, but the tip of the iceberg, but the social impact is great." "Reporter learned in the interview, the early March this year, the first investigation by the senior People's Court in Henan province, there are still 1449 cases of civil lawsuits owed to migrant workers in the province has been accepted, has not yet been done, the number of 4004 people involved, the amount of 102 million yuan.　　For this reason, the higher people's Court in Henan province started the "arrears of rural migrant workers ' wages for the month" activities. Some of the judges engaged in civil justice to reporters frankly, "migrant workers to seek national public power relief, there is indeed a long cycle, low efficiency, if the case again into the second trial or retrial, the cycle will be longer." These seemingly which small amounts of money are the subsistence expenses of the peasant workers and their borns, which cannot afford to delay. In addition, there are still some deficiencies in the public power relief system, such as complicated litigation procedure, strong technical and many uncertain factors. However, there is a general lack of legal awareness and so on, less than the last resort,They are not going to go through the proceedings. "Wages are the hard-earned money of migrant workers, to be taken for granted, but this is often a conflict with the boss of the fuse." As long as one side is not properly dealt with, contradictions can easily be enlarged or even turned into criminal cases.　　Zhu Yi said. The pay raises the crime court depending on the circumstances of the punishment according to the reporter understand, in the previous few years, the peasant laborer because of pay not to cause the theft case more.　　Recently, the resulting intentional injury, kidnapping, robbery and other violent crimes are rising. A poor mountain in the Liang MoU in the construction site of Lee worked hard for a year, Lee has been owed more than 20,000 yuan of wages. Liang several times to find Lee for wages, begged no fruit, and in the process of begging, but also by Lee Nasty.　　So, Liang MoU in Li MoU son on the way home on the road will kidnap him, then ask Li MoU 20,000 yuan salary. "There is also an increase in the number of robberies caused by pay claims."　　"Zhu Yi Branch opened a file to the reporter said, the original of a person because of a request for wages to the contractor, plus in the process of begging for wages by Jia's acrimony and behavior stimulation, a moment of emotion out of control, knife will carry the million yuan cash to rob. "In the case of this kind of cases, we insist on punishment according to law in the trial practice."　　"Zhu Yi told reporters that the specific trial of the robbery caused by the claim, if the amount of robbery by a peasant laborer is slightly higher than the entitlement, it may be criminalized but not overweight; the amount of robbery is much higher than the entitlement, and is punishable after deduction of the due salary, but not too heavy; According to Zhu Yi, if such cases are not harmful to the society, the victims also demand a lighter punishment for the accused, the judge will generally recommend a reprieve. "We believe that the result of this punishment has achieved good legal effects and social effects." In each case, the defendant and his family, while thanking the court for giving them a chance to rehabilitate themselves, said that they must learn the law, ignorance, law-abiding and not make similar mistakes in the future. Many victims also reflect on their arrears of wages, the initiative to ask the court to the defendant to a lighter punishment.　　"The dispute was sparked by a controversial judge who did not expect to be punished for Zhu Yi by an identity waiver," he said. "No penalty can be imposed on the basis of salary, and the society cannot encourage the use of extreme means to obtain debt." "One voice argues that, while the wages of migrant workers are to be pitied, they should not impair the rights that other citizens should enjoy, such as the use of physical confinement, violence and other means." In case handling, the court has a certain amount of discretion, will certainly take into account the circumstances, but the consequences of a lighter sentence, it may trigger other migrant workers to follow.　　If the criminal behavior of the group has special care in the conviction and sentencing, it violates the principle of "equality before the law". Zhu Yi that peasant workers have obvious "self-help" characteristics because of the crime caused by the salary claim. This kind of "self-remedy" crime mostly occurs in the following situations: first, the peasant workers who can't get the wagesGathered a bunch of fellow countrymen, relatives and friends to the boss to get wages, in case of rejection, the act of smashing things and fighting fights will constitute crimes against public and private property or mob fights and intentional injuries, and migrant workers who are not paid will steal the products, raw materials, components or production tools of their units and sell them, "self-cashing wages",　　constitute a crime of theft, and then violence against the boss and their families pay arrears of direct retaliation, serious people often lead to intentional homicide, intentional injury and robbery, kidnapping and other vicious cases. "Migrant workers are disadvantaged, if they are first offenders, and if the circumstances are minor, they should be as tolerant as possible in the application of criminal law." Zhu Yi said that the judge, in deciding sentencing, not only concerned about the results of the invasion, but also fully consider human affairs and social effects, not the identity of migrant workers as a reason for remission.　　The basic point of "wide" is the non-crime, light punishment, non imprisonment, and more consideration of the social effect of criminal law. Legal Daily Zhengzhou March 29 electricity