The Investigation And Ponder For Applicability Of Refusing To Execute Judgment And Orders Of The People's Court

As the crime of refusing to execute is created, it actively protects the authority of legal instruments, punishes those illegal behaviors, and so helps to resolve such involved problems. While for some kind of reasons, it still needs to improve. This paper is mainly about a survey of the applicability of this crime in the court of Jining, Shandong Province in recent five years, from which, the paper shows that although this crime is seldom applicable to the judicatory, the awareness of those bailiffs is enhancing and the prosecuting process is in ordering. However, there are still some unresolved doubts that need to settle. Some judges know little about this crime, which is indeed a hard work to define. In addition, strengthening its operation and conforming to one principle are the main works that need to do in the future. After comparing the crime of refusing to execute in Civil Law System and British US Law System, this paper analyses its constitutive elements in detail. It focuses on the controversial issues such as how to define this crime, how to differentiate it from the others subjectively and objectively. On the other hand, this paper also brings forward some suggestions on how to improve the related law, and how to strengthen the legal promulgation and education to enhance the legal awareness. From a court official perspective, the paper uses the method of analysis to describe the crime of refusing to execute, its applicability and its cause, which is different from those general academic essays, so as to conform it to the actual conditions in both legal and judicial systems.