Refusing To Implement The Judgment Ruled That The Crime Of Basic Problems In

There has existed an understanding discrepancy in the term of the crime of refusal to carry out the adjudication between the circle of criminal theory and the departments of functional implementation, which results in few cases to suppress such crimes by awarding the said name. This article focuses on the overall discussion and analysis on the theoretical and practical problems in the crime of refusal to carry out the adjudication after studying the crime in Chinese criminal laws de novo in the view of fundamental problem.The article comprises 6 chapters as follows:Chapter 1 states the history of the law against the crime of refusal to carry out the adjudication. This article amasses and analyses a great amount of relevant information and deeply studies the law - establishing systems ranging from the ancient time to the present time home and abroad, which displays a vast historical background on the full expatiation of the theme.Chapter 2 discusses the object and target of the crime of refusal to carry out the adjudication. First of all, the article explains the criminal object under the said crime and puts forward the author's view on the criminal object based on the different opinions in the circle of criminal theory. Then the article defines the criminal target, lists various targets under the said crime and elaborates on those who fail to fall into the categories of the criminal target under the said crime in the effective mediation papers awarded by the people's courts.Chapter 3 expounds the objectivity of the crime. In this chapter the author elaborates on the means of implementation refusal and on those who are capable toimplement the adjudication refuses to perform, and discusses the crime is action one in a detailed way. Particularly, the emphasis is placed on those who are in the cases of severe offenders, which can be widely applied in the law.Chapter 4 states the subject of the said crime. In this chapter the author explains the subject systematically and expounds some disputable problems in terms of the subject of the said crime as follows: i). Will the courts will be guilty of the crime when it is capable but refuses to put the adjudication into practice? Ii) Will the functional organ be the subject of the said crime?Chapter 5 differentiates the crime from the relevant crimes. The authors defines clearly the division between the said crime and other crimes such as crime of disrupting public service, crowd - assembling crimes of disrupting the social administration, the public order and traffic control.Chapter 6 proposes how to perfect the establishment of the laws against the crime. The author brings about his suggestions on how to perfect the criminal presentation, the criminal definition, criminal object, criminal subject and crimes as well as the proceedings. In the meantime, the author envisages his tentative opinion to establish the law against the crime of the resistance to forcible execution.In short, the article elucidates the basic problems of the crime of refusal to carry out the adjudication into practice, and put forward an innovate suggestion on establishing the relevant law on the basis of the analysis of the object, target and subject of the crimes as well as its objectivity and critical defects.