Analysis On Cognizance Of The Crime Of Refusing To Execute Judgments Or Orders

The crime of refusing to execute judgments or orders was defined in the crime of disrupting public service as"refusing to execute the people's Court has legally effective judgments or orders"in the criminal law in 1979. Criminal Code of 1997 to refuse to implement the decision, ruled that the crime as a separate article 313 of the Criminal Code, provides as follows: "The People's Court, ruled ability to perform and refused to perform, the circumstances are serious." Accordingly, the crime of refusing to execute judgments or orders is behavior which have the capacity to implement the judgments or orders of the people's Court and serious. In this paper, Huo Yi seven suspects take mob approach to the implementation of the impact site, the execution of court personnel siege, seizure and destruction of the implementation of the vehicle, the case of serious consequences as the starting point, in the context of theorists reject does not perform, ruled the crime on the basis of research results, refuses to the scope of the crime of refusing to execute judgments or orders, Identify of the "serious case", to resist the nature of the error behavior of the implementation of a range of issues to study.This paper is divided into five parts:The first part is an introduction to the basic facts and substantive differences of opinion on the case. The first view is that the case of suspects into criminal behavior is not enough; second view is that the seven suspects in the case constitutes a refusal to implement the per capita decision, ruled that the crime; third view is that the suspects in this case the behavior of constitute the crime of obstruction of official business.The second part is the case under the substantive departments of the differences of opinion summed up the case of the main bone of contention: First, the "Third Party" can constitute a refusal to implement the decision, ruled that the crime; second is refusing to implement the decision, ruled that the crime of "plot serious "how to define; third is whether the activities constitute a misapplication of resistance refused to implement the decision, ruled that the crime?The third part is the focus of controversy for the case one by one legal analysis. The fourth part is the case, the qualitative behavior of human behavior, combined with refusing to implement the decision, ruled that the crime of features, this article Huo Yi that seven suspects refused to implement the act constitutes a decision, ruled that the crime.The fifth part is the case with section 313 of the Criminal Code legislation put forward a sound idea. Proposed charges to the crime of "illegal obstruction, ruled the implementation of crime", counts the expression to " Hamper the issued judgment or ruled of people's Court with illegally and serious."...