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On The Crime Of Refusing To Execute Judgments Or Order

Posted on:2009-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:T YangFull Text:PDF
GTID:2166360272465379Subject:Law
Abstract/Summary:PDF Full Text Request
Law enforcement difficulty is a chronic illness in civil enforcement. It has already become one of the most important causes of enforcement act obstacle and weak sanction. It particularly affects the proper penalty in civil enforcement.There are five chapters in this thesis. The first chapter combines law dignity, social credit and status quo of law enforcement difficulty from a micro perspective, analyzing the necessity of refusing implement of crime sentence legislation and the importance of introducing legal control and regulation to solve the problem of law enforcement difficulty. The second chapter classifies the different forms of refusing implement of crime sentence and analyzes five cases in Legislative Interpretation in depth. The conclusion is that there are two forms of refusing implement of crime sentence: negative refusal and positive refusal. Chapter three compares relevant cases in both common law system and continental law system. Based on the evolvement of the crime and the status quo of legislation, the history of the crime of refusing to execute judgments or order in China has been well illustrated, analyzed and used for reference. The fourth chapter analyzes the constitutive elements of the crime of refusing to execute judgments or order from several perspectives: crime object, objective aspect of crime, crime subject and subjective of crime.Chapter five compares Chinese and western prosecution system of the crime of refusing to execute judgments or order. Based on Chinese judicial practice, a set of thinking and suggestion is proposed on the proceeding of the crime of refusing to execute judgments or order.
Keywords/Search Tags:Law enforcement difficulty, Form, Comparison and Review, Procedure of Prosecution
PDF Full Text Request
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