The Present Situation,Difficulties And Countermeasures Of The Crime Of Refusing To Execute Judgment And Ruling

"Difficulties in implementation" is a long-standing problem that has plagued the work of the court for a long time.How to solve this problem and win the "hard to solve basic problems" is a hard work of the current court.There are many factors that lead to“difficulties in execution”.The primary reason is that the obligor evades execution through various means.Because there is no Civil Enforcement Law in force in China,the means to combat these evasive behaviors are scattered in civil and criminal laws,and a perfect system of enforcement and punishment has not yet been formed.China's criminal law stipulates that "the refusal to enforce the effective judgment and ruling" is the strongest "nuclear weapon" for evading execution.How to correctly use this law,use precise and effective penalties to sanction obligors who evade execution,and guide parties to actively implement the legal documents in force,which is an urgent need to solve difficult work at present.In practice,there are bottlenecks in the application of the Crime of Refusing to Execute Judgment and Ruling,mainly in the absence of legal norms and the confusion in the use of trial practice.In terms of legal norms,the scope of application for refusal to execute judgments and convictions is not yet uniform,and the sin standards lack operability."The ability to perform but refuse to execute,the circumstances are serious" is the necessary condition of the crime of refusing to execute judgment and adjudication,Among them,“capable of fulfilling” is easy to understand,but in practice,as time goes by,the ability to perform will change constantly and it is not easy to grasp.Regarding the initial node problem of “refusal to perform”,the opinions of“effectiveness theory”,“declaration judgment” and “prosecution theory” are different,and there is no clear legal provision.And depending on the starting node,you may get the exact opposite result.For the determination of "serious circumstances",legislation and judicial interpretation are stipulated by enumeration,and it is difficult to enumerate them all.In addition,there is no specific provision for aggravating the sentence,"the circumstances are particularly serious." The crime is related to the law of other crimes,etc.These legislative vacancies are the legal roots for the application of this crime.In judicial practice,it is difficult to initiate and file a case,and the linkage mechanism forinvestigating this crime is immature.The three organs of the Public Security Bureau,the Procuratorate and the Court did not form a joint force.In order to effectively apply the refusal to execute judgments and rulings,it is necessary to improve the relevant laws from the legislative roots,formulate enforcement laws,reconstruct crimes,improve property reporting systems,clarify factual recognition standards,and refine the sentencing standards.Increase the operability of this crime.It is also necessary to adjust the method of prosecution of crimes,establish a joint force to fight crimes,rationally locate,prevent the generalization of punishment,and construct a scientific model for refusing criminal prosecution.t the correct application of "refusal to enforce judgments,rulings" is the key to cracking the difficult task of execution,and is the core weapon to overcome the last mile.As the most severe sanction,criminal punishment not only has the effect of sanctioning such crimes,but also has a broad guiding role.It guides the majority of cases to obey court judgments,establish judicial authority,and create a healthy social credit environment.In the process of applying "the refusal to execute judgments and rulings",although many problems have been exposed,especially the conviction and sentencing of the referee's documents are not uniform,and the judgments of different cases are different,and the influence judgment is fair.However,due to the squandering of food,we should further analyze the problems existing in the application of the law,propose countermeasures,improve the legislation of such crimes,standardize judicial practice,and truly exert the effect of "refusing to enforce judgments and rulings".