Discussion On The Crime Of Refusing To Execute The Judgment Or Rule

On March 13,2016,Zhou Qiang,the president of the Supreme People's Court,made a sonorous and courageous pledge at the National People's Congress."In two to three years,we will basically solve the difficult implementation issues and break down the barrier to achieve fairness and justice." " Difficult implementation " is an ever-changing problem that threatens the court's authority.It is one of the three insurmountable mountains in the field of judicial practice and an important obstacle to the process of governing the country according to law.In order to maintain the dignity and safeguard the authority of judgments,it is necessary to completely solve the "difficult implementation" issue.The Criminal Law of 1979 enact the crime of refusing to execute the verdict or ruling.In 1997,the Criminal Law further clarified the crime.The accusation meets the needs of social development and meets the demands of protecting the legitimate rights and interests of the parties,which has far-reaching significance for cracking down on the "difficult implementation" of the courts.The ambiguities stipulated in the provisions lead to difficulties in the application of the trial.The contradictions arising from the legal interpretation of different organs make the standards of conviction and sentencing applicable to courts different,Insufficient.As a result of poor judicial practice,judicial interpretations were promulgated by the Supreme People's Court in 1998 and2002,The Legislative Interpretation made by the Standing Committee and the notices jointly issued by the two chambers in 2007 made patchwork on the charges.And the latest version of the 2015 Criminal Law Amendment(IX)has made new provisions and added units as the criminal subjects of the crime.Although the legislative system is constantly improving,there are still some problems such as very low application rates,light sentencing and incompatibility with other crimes when dealing with specific cases.Therefore,this article systematically analyzes the existing legal provisions,and links with the amendment of the Criminal Law Amendment(IX)to the revision of the crime.From the aspects of the constituent elements of the crime and the conflicts with related charges,Court is better applied in the current system of legal regulation.The article is divided into three parts:The first part of the article mainly introduces the legislative evolution of this crime,the crime generates various problems in the applicable,the main reason is that the legislation on the lag,therefore,the author combed all of this crime law and legal interpretation,and realize the matching between provisions and practice.The second part of the article mainly introduces the cases of grass-roots court refusing to execute the verdict in the last two years.Combining with the credible data published online by the Chinese judging instruments,it analyzes some practical problems existing in the accusation process,including the own lag,indecisiveness and not comprehensive level of application.Justice has been late for lack of legal norms and implementation procedures.In order to prevent the late justice from being absent and refusing to execute the verdict,the crime of conviction needs to be clarified in the determination of sin and non-sin.The third part of the article is the core,which mainly introduces the problems of the specific crime.To identify the crime mainly from three aspects: the subject,the subjective and the objective.there are many controversies.For example,Whether the crime can constitute the crime or not,whether the court can become the subject of the crime;whether the motive and purpose of the criminal affects the establishment of guilty of the charges;the scope of criminal targets includes,the author will analyzethe difficult problems in this part of the crime.and believes that it is pointless to study whether the object of the crime is a complex object or a common object.Whether the authority of judicial trial or the order of execution is harmless is also true.Because the concept of criminal object was originally a product of political struggle.The addition of a unit in the Amendment 9 to the Criminal Law is the crime's main body of the crime,which should be the subject of the offense.Whether the court is the executive or not is the crime,The offender who has nothing to do with the case can constitute an accomplice of the crime.The purpose of different crimes and the motive of crime do not affect the establishment of the crime.The subjective aspect does not include indirect intention,and only the direct intention can constitute the crime.In the scope of criminal object,the author believes that in view of the most basic legal principle of crime and punishment of criminal law,it can not arbitrarily expand its scope of "judgments and rulings".However,with the development of the times,the relevant state policies are promulgated,the court's payment order,mediation Book,general notice,decision,order may also become the object of crime.The determination of the objective aspects is complicated.The author analyzes the judgmental criteria of "capable execution" in terms of author's behavior and result,and the basis of "refusing to enforce" is listed in the general circumstances including the circumstances of the case.