Some Problems And Perfection Of Refusing To Execute Judgments And Rulings

Penal code in 1979 in China there are rules that refuses to execute the judgment or written order,to safeguard the people's court in the judicial practice of the normal work order of the authority and seriousness of judicial power and the country played a considerable role.Penal code in 1997 for refusing to execute judgments or written orders sin the rationalization,to make it more operable.With the unceasing change of objective reality,however,lag of the law is becoming more and more prominent,the original norms of criminal law in the process of applied problems become more prominent.In 2015,the standing committee of the National People's Congress passed the law of the People's Republic of China criminal law amendment(9)"(hereinafter referred to as the" criminal law amendment(9))improves the refuses to execute the judgment or written order the extent of crime legal punishment,and the unit into the criminal subject,adapted to the social change and the need of harmonious and unified legal norms."Criminal law amendment(9)to refuse to perform the scope of the judgment or written order sin made full expansion.The modification of existing penal code and the policy of "criminal law amendment(9)although in a certain extent,reduce the lag of legal problems,to solve the present social facing the new situation has a huge benefit,but limited to refuses to execute the judgment or written order standard concept of SINS in the past and its content abstract and general,stipulated in the law of this crime in dealing with social issues are still facing a new social problems.Such as from the point of execution status,refuses to execute judgments or written orders most suitable for sin refused to carry out the civil case,the referee refused to carry out the criminal incidental civil judges and the situation of the fine punishment,while serious,but very few refuses to execute judgments or written orders shall apply to sin convicted and punished.Even if the "criminal law amendment(nine)increased refuses to execute the judgment or written order the legal punishment of sin,but still sentencing abnormal light,coordinated with other charges.This article is on the basis of these problems,aiming at the present the social problem of "difficult to execute" emphatically analyzed refuses to execute the judgment or written order problems of sin in the applicable process,and put forward the perfect measures on how to solve these problems.The full text is divided into five chapters:The first chapter is introduction.Mainly introduced this article selected topic background,the selected topic significance,the research status at home and abroad,writing ideas and methods and innovation points in this paper.The second chapter is a summary of refuses to execute the judgment or written order to sin.This chapter mainly discusses refuses to execute the judgment or written order crimes in our country the history origin and development of the status quo,and briefly analyses the constitutive requirements problems,for below about this crime in the determination and improve to provide theoretical support.The third chapter is about to execute the judgment or written order in the aspects of sin.This chapter analyzes the refuses to execute the judgment or written order crime in the crime and the crime,this crime and crime and copetition issues with his crimes.The fourth chapter analyses the refuses to execute the judgment or written order of sin in the process of judicial cognizance and application problems.There are mainly the application of the principle of "no repeat evaluation" problem,refuses to execute the judgment or written order on the problems existing in the prosecution procedure,the problem of applicable law and other applicable obstacles.The fifth chapter is aimed at these problems put forward the perfect measures.Specific included will judge refused to carry out the criminal and administrative separation from sin refuses to execute the judgment or written order,refuses to execute the judgment or written order to sin "refused to carry out civil referee",improve the legal punishment;At the same time,through the fine punishment permitted,restorative justice system make up for the criminal for enforcement difficult dilemma.