A Study On The Refusing To Execute The Judgment Or Ruling Of Crime

This article is divided into three parts in addition to the introduction,which from different angles expounds various aspects specific problems to the Refuses to execute the judgment or ruling of crime.Part One:The outline of Refuseing to execute the judgment or ruling of crime. This section is divided into two aspects of content. One is introduced the legislation of the evolution in our country of refuseing to execute the judgment or ruling of crime,which is divided into four parts including the Nationalist Government to the Crime, the Revolutionary Base of the Crime, in 1979 penal code to this crime's stipulation, and since 1997, the current criminal law and related laws and regulations to the provisions of this crime. Second, the concept of this crime is defined and Analysis of different definitions of academic.Part Two: the elements of refuseing to execute the judgment or ruling of crime. This section is divided into four aspects of content. One is the object elements. First of all, elaborate and comment on the controversial subject matter of this crime among scholars,and then put forward my own view that this crime assault is double object, The main object is the people's court decision and ruled that the normal implementation activities, the secondary object is recognized to the individual legitimate interests by effective judge. Second, the objective aspect of elements, which is divided into four parts including object elements, premise elements, behavioral elements and plot elements. In the object elements, first describes the characteristics of the object of the Crime, And then define the scope of criminal object, Thinking its criminal object including the court's decision, ruling, court mediation, decisions, notices, orders and other legal instruments. In the premise elements, thinking the actors have the ability to perform the people's court decision, ruling. In behavioral elements, emphatically discussed the behavior is Act or omission in this crime,and think that the sin is pure omission. In the plot elements, we should accord to the specific way behavior combine with the actual circumstances of the case to determine serious circumstance in practice. The third is the main element.I think this crime is special subject, and the unit is not the subject of this crime. The fourth is the subjective element. I think this crime in subjective aspect is directly intentionally and analysis of knowing whether it contains should be aware.Part Three: The legislation to improve of refuseing to execute the judgment or ruling of crime. I mainly dealt with two aspects, including the expansion of the scope of crime and increase the object crime of the main unit.