On The Crime Of Refusing To Execute Judgments Or Orders

The establishment of crime of refusing to execute judgments or orders, plays an important role in punishing resisting execution and maintain juridical authority. But in practice there is low relevance factor of this crime. Since the crime of refusing to execute judgments or orders has been established then we should improve it and make it play its due role. The article describes the legislative history and elements of crime of refusing to execute judgments or orders. By examples and analysis of crime of refusing to execute judgments or orders in Qingdao , we point out the reasons of its low relevance factor , and objectively, they are also because of that, the rules of crime of refusing to execute judgments or orders is not enough, and the standard is not clear, meanwhile the operability is not strong, as well as the prosecution procedure is imperfect. From the perspective judiciary we analysis the executive capacity, refuse to implement , serious circumstances and other elements of this crime, and point that we should not only investigate the person who is subject to enforcement about their capacity all-sided, investigate the standard of serious cases should consider the damage it brings to the victim, object features as well as the proportion, what's more, the article analyze some similar crime of this and tell the differences among them. On the base of analyzed the foreign countries'legislation, the article raise the point that we should improve the legislation, and make it a crime of avoid execution and falseclaims. to look into this crime we should use public prosecution, and also give better advice in administer, the standard of evidence and proposer's remedy in litigious right.This article study from the perspective of a basic penal judge, hope it will do good to legislation and justice, and also helpful for the local legislation, in order to solve the problem of crime of refusing to execute judgments or orders.