Refusing To Implement The Decision, Ruled That The Crime Entities And Procedural Issues

The content of this article is to study the implementation of decision refusing, entities convicted of the basic issues and procedures, court and difficult problem is a focus of attention of the community. Difficulties caused by the implementation of many reasons, one of which the person has the ability to fulfill the people's court refused to force the implementation of judgment. Penalties for this offense, our existing legal provisions currently exist in the recourse intricate, difficult, and many other provisions apply to defects and flaws in the specification level, resulting from a refusal to implement refusing enforcement of judgments, ruled the punishment is insufficient. In reality, a considerable part of the person against whom the existence of long-outstanding debts, the creditor's legal rights are not able to get timely and effective implementation, the social impact caused by the extremely poor, even more serious is that the dignity of judicial authority and thus be a large degree of direct harm. Judicial practice, refusing to implement the sentence, convicted of crack for the effective implementation of the establishment of difficult issues played a positive role in safeguarding the people's court of judicial authority. However, without a doubt, the crime in the establishment and practice results are not satisfactory, so, I combine the courts to enforce the practical work experience, wants to refuse enforcement of judgments, ruled that issues related to crime analysis, discovery and analysis in refuse enforcement of judgments, convicted of the deficiencies, and make relevant substantive and procedural aspects of the perfect proposal or measure.To address the above described and research issues, the article content and chapter structure is divided into introduction, body parts and the conclusion. Introduction which introduces refusing enforcement of judgments, convicted of the history, including the earliest of the crime of criminal legislation and criminal legislation of China on the development context for the content of the body of the related theoretical background of bedding; body of the article part of the study mainly refusing the enforcement of sentences, convicted of judicial determination of the substantive issues, starting from the constitutive elements of crime refuses to deciding the various elements of the crime analysis. And the current theory of the crime and the judiciary, the subject of crime, criminal object, crime, subjective, objective aspects of the crime, this crime and other crimes, crime patterns number of issues and research. The second part is to study the contents of refusing the enforcement of sentences, convicted of Justice finds that the procedural issues, including the proceedings of this crime and this crime in the trial supervision program should pay attention to the problems; the third part of the main of refusing to implement the ruling, convicted of the substantive law and procedural law of the specific sound measures, including refusing the enforcement of sentences, convicted of both substantive and procedural measures of improvement.