An Empirical Study On The Judicial Application Of The Crime Of Refusal To Execute The Judgment And Ruling

At present,as a persistent disease of the country and society,the "difficult to implement" issue has gradually become a practical legal issue that affects the authority of the national judicial adjudication,damages the outcome of the people's courts and the parties' own legitimate rights and interests,and has attracted extensive attention and attention from all walks of life.Although the current law of our country clearly stipulates civil measures to solve the problem of difficult implementation,it also fully exerts the deterrent and deterrent function of the criminal law.However,how to use the refusal to execute judgments and convictions as criminal measures to resolve the difficulties of court enforcement is still awaiting further research.Based on the theoretical research on the judgment of refusal to execute judgments and convictions,the aim is to explore the reasons for the existence of judicial practice and the existing The objective law analyzes the dilemma that restricts the status of judicial trials,and puts forward a perfect path for refusing to execute judgments and convicting crimes in combination with individual cases,thus providing a theoretical basis for resolving the bottleneck of the application of refusal crimes in restricting practice.Systematic analysis and demonstration of the sample data,and found that there are problems in the practice of ambiguity at the legislative level and flaws in the litigation procedures,so as to propose countermeasures to the existing problems from the perspective of effectiveness and scientificity.To a certain extent,the problem of "difficult implementation" is solved.In addition to the introduction,the thesis is divided into five parts,about 30,000 words:The first part of the introduction,starting from the writing background of the crime,clarifies the significance of the crime in solving the "difficult to implement" problem.By sorting out and summarizing the existing theories in my country,we find that there are more controversial issues,the definition of the subject category,the object of execution basis,etc.Drawing on the experience of foreign advanced legislation,selecting relevant measures suitable for my country's national conditions to improve this crime,and finally elaborating on the writing structure and innovation points,and sorting out.The second part aims to analyze the historical evolution of the crime of refusing to execute judgments and convictions,and to clarify that the crime has evolved from the historical development of not paying debts.By combing the crime's historical form,budding prototype period,criminalization formation period,and development and improvement period,it is considered that the method of initiation of prosecution in the process of the independent criminalization of the crime is becoming more and more perfect,the subject is gradually enriched,and the standard of sentencing is becoming more and more standardized.Therefore,it points out that the legislation from refusing to execute judgments and convicting the crime has developed from scratch,from unsound to progressively perfect,which reflects the evolution of the crime and conforms to the theory and practice of the rule of law in China,and reflects the judicial demands of the public.,And then realize the function of legal protection of citizens' basic rights.The third part is to analyze the collected cases based on statistical results and charts to summarize the dynamic characteristics of the crime reflected in the sample data.Through the empirical analysis of the research sample,it is found that the number of cases of refusing to execute judgments and convictions has increased year by year,and the application area is obviously differentiated.Self-prosecution has become an important way to initiate this crime.The educational level of the criminal subject is generally low.The judicial application effect of this crime Significantly.Based on this,we will explore the problems in the judicial practice of refusing to execute judgments and convictions in my country,and sum up experience and laws for legislation and justice in order to better perfect this crime.The fourth part is an in-depth interpretation and summary of the specific judicial precedents of the crime of refusing to execute judgments and convictions on the Chinese judgment document online HN province.It is found that this crime has major problems in theory and judicial practice.It mainly reflects the ambiguous provisions of the crime at the legislative level and the shortcomings of the judicial proceedings.On the one hand,it is manifested in the existence of differences in the scope of execution basis,the inconsistency of the criteria for serious determination of the circumstances,and the imbalance in the application of the sentencing of the crime.As a result,there are many problems in the application process;on the other hand,it mainly manifests in the conflict between the role of the court and the litigation structure,whether the execution notice is served,whether it affects the investigation of the criminal responsibility of the executed person,and the result of the processing of the private prosecution case and its value.Deviations,etc.,make the prosecution process more difficult.The fifth part,through the empirical analysis of the crime of refusing to execute judgment and conviction,combined with the existing laws and regulations and the practical basis of judicial practice,points out the perfect path of the crime in the legislative level and the application of judicial practice.It is considered that at the legislative level,the crime can be changed to "crime of refusing to implement effective legal documents",the guiding role of typical cases should be increased,and the applicable standards of sentencing should be standardized.At the uniform level of judicial application of this crime,it is recommended to reconstruct the enforcement mechanism,improve the accountability system for this crime,and strengthen the mechanism for handling private prosecution cases.A two-pronged approach to resolve the existing shortcomings of the refusal to execute judgments and convictions as soon as possible,and to punish such crimes effectively.