Judicial Confirmation Of The Crime Of Refusing To Implement The Legal Documents Of Courts

Since the1980s, the court has been beset by " Difficulty in implementation", and the situation is getting worse and worse, which has also become the concerns of the society. In order to safeguard the legitimate rights and interests of the people and the judicial image of the court, we must solve the problem as soon as possible. This paper based on the research on the practice of enforcement of legal documents, attempts to solve the problem of "Difficulty in implementation" through criminal measures.It consists of4parts, introduction,generality,depictions and conclusion. Part of depictions introduces the solution to change the Judicial Dilemma.The introduction part introduces the background of the Crime of Refusing to Implement the legal documents of courts,analyzing the specific connotation, cause of formation and the approach to solve "Difficulty in implementation",proposing various methods, especially the legal method to solve this problem.Chapter one, titled " Outline of Crime of Refusing to Implement the legal documents of courts ", is based on the investigation of the practice carried out by the courts in Xiamen city, and analyzes the relevant problems concerning the application of the crime in current judicial situation and the legislation of the crime. It also analyzes the predicaments in the application of this crime.Chapter two, titled " considering of the the damage of legal interest and the criminal targets of the Crime of Refusing to Implement the the legal documents of courts".the paper analyzes damage of the legal interest and studies the article in the criminal law of313rd, the legislative interpretationjudicial interpretation, clearly definite the scope of the targets of the crime,and gives the legal ground for the application of the crime.Chapter three,titled "Study of the Subject of the Crime of Refusing to Implement the the legal documents of courts and joint offence", probes into whether a person other than involved in the case, executor and a company can be the subject of crime in this crime,taking into consideration the practice of enforcement, the spirit of legislation, the basic principles of criminal and whether they can joint offence.Then offering corresponding opinions and suggestions.Chapter four, titled "Study of the objective circumstances of the Crime of Refusing to Implement the the legal documents of courts and the analysis of the crime ".It analyzes the connotation of " has the capacity to implement "" refuse to implement"" serious cases " from the313rd article of the Criminal Law of313rd,it also makes the relevant elements of the objective circumstances of a crime clear and gives more details of that.Chapter Five, titled "Difference, coincidence, transformation with the similar crime", analyzing the differences, coincidence, transformation with the similar crime, making a distinction between this crime and the others, It is necessary to the precise identification of this crime in practice.Part "Conclusion" clearly points out that "Difficulty in implementation" is not only the problem for the court, but also a problem for the whole society.It suggests a way to solve " Difficulty in implementation " of taking various approaches,such as legal or technical methods.