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

Posted on:2009-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:G M LiuFull Text:PDF
GTID:2166360242987900Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
"Difficulty in implementation"has been troubling People's Court and becomes the focus of the society. In order to solve it, article 313 of criminal law stipulates refusing to execute judgments or orders of People's Court. Law of criminal procedure also provides the procedure of prosecution. However the theory and the practice have some differences on constitutive requirements and patterns of the crime, resulting in perplexity on the application of it. And the procedure of prosecution is unfair because it's not fully taking its specificity into account. So this article analyses the constitutive requirements, the patterns and the procedure of prosecution of the crime. This article makes separate studies from the entity and procedure dual angle, in order to guide the judicial practice and resolve the"difficulty in implementation".This article is divided into 4 parts, which are introduction, constitutive requirements, patterns and procedure of prosecution of refusing to execute judgments or orders of People's Court.In the introduction part, the writer briefly explains the reason why choosing the thesis as the research direction and the general writing thinking. Section 1, it researches constitutive requirements of refusing to execute judgments or orders of People's Court. This part firstly analyses the object of the crime. The writer presents that criminal judgments or orders of People's Court and the order which is made to implement the administrative decision are the objects, but payment orders or legally effective conciliation statements aren't the objects. Then it analyses refusing to execute, executive ability and the serious plot. Finally, it discusses the subject. The subject is special and includes the person subject to execution, his assistant and guarantor. The writer presents the following points about it: a person who is not involved in the case isn't the subject; the judicial officer who failed to perform judicial duties isn't the subject; unit isn't the subject, but legislation should incorporate the unit into the subject.Section 2, it researches patterns of refusing to execute judgments or orders of People's Court. The part emphasizes on joint crime and number of crime. It analyses joint crime between the person subject to execution and his assistant, between the person subject to execution and a person who is not involved in the case, between the person subject to execution and any functionary of a State organ. And it discusses number of crime between the crime and the crime of interference with public function, murder, intentional injury, illegal disposal of the attachment, seizure and freezing property, accepting bribes and abusing power.Section 3, it researches procedure of prosecution of refusing to execute judgments or orders of People's Court. This part firstly analyses its prosecution obstacles, including the embarrassment of the trial and misconduct of the procedures. Then discusses improved channels of the procedures .With the actual situation in China, the writer provides recent and the long-term ways respectively. Specifically, the recent way is to implement remote jurisdiction and introduce private prosecution to remedy. The long-term way is to change the execution officer and to establish private prosecution procedures on legislation in order to keep the procedures fair.
Keywords/Search Tags:refusing to execute judgments or orders of People's Court, constitutive requirements, patterns, procedure of prosecution
PDF Full Text Request
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