强迫劳动罪与雇用童工从事危重劳动罪刑罚尺度辨析

强迫劳动罪和雇用童工从事危重劳动罪,从现行刑罚尺度上看,强迫劳动罪的刑罚较重,但雇用童工从事危重劳动罪的法益保护位阶较强迫劳动罪更具优先性,且雇用童工从事危重劳动罪具有更严重的社会危害性,为避免罪重刑轻,应对雇用童工从事危害劳动罪的罪行幅度进行调整,提高其最高刑刑期.

Analysis on the Scale of Criminal Law of Crime of Forced Labor and Crime of Employing Child Labors to Do Dangerous and Heavy Work

From the perspective of penalty scale, the penalty of crime of forced labor is heavier than that of crime of employing child labors to do dangerous and heavy work, but the latter hierarchy of protection of legal interests is higher than the former. Furthermore, the latter has a more serious social harm. In order to avoid heavy offense with light penalty, the crime magnitude of the latter should be adjusted and its maximum penalty sentence should be increased.