强迫职工劳动罪初探

根据无刑罚即无犯罪原则,应认为强迫职工劳动罪的犯罪主体是直接责任人员,所谓单罚制在刑法分则中并无体现。暴力、胁迫、殴打、非法拘禁等均是限制人身自由的手段。从立法完善的角度考虑,应规定本罪的主体包括自然人和单位,将罪状修改为“以限制人身自由的方法强迫他人劳动,情节严重的……,”并增设转化犯的规定。

On Crimes of Forcing Employees to Work

according to the saying of without punishment without crime,the crime actor of crimes of forcing employees to work is the person who is directly responsible for the crime.Sole punishment such called have't be seen in the specific provisions of criminal law.The action such as violence,coerce,contuse and illegal detention can become a kind of means that restrict people's freedom.In the view of legislation perfect,the criminal law shall fix the actor of the crime includes nature person and units,modify its articles and add provision of transforming crime.