Research On Refusing To Execute Judgments And Orders Of The People's Court

The thesis consists of four chapters. The first chapter begins with the predicament for the judgments or orders of people's court to execute, analyses the meaning and forms of executive difficulty, and then states necessity of count-measures from the view of criminal law, i.e., according to what kind of theory ,refusing to execute judgments and orders of the people's court should be regarded as crime. In this paper, the author analyses the theory by which the former action should be criminalization from following aspects: the special situation of our country during social transferring period, the serious social harm of the action, the disadvantage result of hurt authority of judicial power, and inevitable tend of the action's punishment. The comparing study and learning process are launched in the second chapter after discussion of the historical development and existing legislation of the crime of refusing to execute judgments and orders of the people's court in west governments ruled by law and the ones in China. The third chapter is about analyzing the constitutive requirements of the crime, the relationships among the object of action, the one of protection and the one of crime and the one of speaking crime (the value and connotation of judgments and orders).The paper also shows the author's opinion on executable, refusing to execute and the serious plot by combining the views of scholarships. To the subjects of the crime, the author discusses from the views of the scale of subject and the necessity that unit should be treated as one of the subject. The author reviews the standards of the crime's judicial judgments from such facts: crime or innocence, this crime or that crime and a single crime or plural crimes. Based on China's judicial practice, thinking and advice about the procedure of the crime are put forth.