Research On The Objective Elements Of The Crime Of Refusal To Execute The Adjudication

The crime of refusal to execute effective judgments or orders severely damages the authority of the court. While how to define the crime is still a disputed problem in both the theoretical circumstances and the judicial practices, and it directly influences the application of the effective judgments. In order to solve the problem, the paper analyzes the objective conditions involved to define the crime and then gives a detailed interpretation of the criminal behavior, targets of the crime and plots of the crime. When the crime is clearly defined, it can be effectively applied in the judicial judgments and execution.The crime of refusal to execute effective judgments or orders comprises two parts: the first one is the precondition of having the capability of executing the judgments; and the second is the content of refusing to execute them. As to the way of behavior, the crime only involves the negative crime: both the active physical act and the negative physical act; both an act of violence and an act of non-violence; both an act of public and an act of secret. And the effective date of the crime should be based on the exact time that the judgment takes effect.The targets of the crime in the judgment only include those sentenced by the court according to the relevant legal procedures, apart from those identified in other legal documents, such as the meditation books, legal decisions, notices, payment commands and correspondences.As to the recognition of the crime, only those with severe criminal plots are defined to have committed the crime of refusal to execute effective judgments or orders, which can be measured from the specific acts, results of the acts, as well as the targets of the execution.In the end, the paper proposes some problems exist in the legislative and juridical practices, and then the paper tries to proposes that through revising the expression of "executing" and expanding the scope used to define the crime, then the crime of refusal to execute effective judgments or orders can be applied more smoothly from both the theoretical perspective and the practical side.