On The Voluntary Act Of The American Criminal Law And Its Reference

People’s Court but refusing to do it, and that is quite serious, which includesdangerous behavior of refusing to execute effective judgments or orders, the objectionof behavior and the degree of dangerous behavior.The dangerous behavior of refusal to execute effective judgments or orders refersto the matter that someone who has certain obligation is capable of executive effectivejudgments or orders, but he refuses to do it.That mainly contains two aspects: the basis is being capable, that means, afterthe court documents taking effects, the Court judges the possession of that person whoowns certain obligation, his ability in executing certain obligation and whether he canor can’t executing it; the content of “refusal to execute effective judgments or orders”whose method is various, mainly refer to the person intensively infringes thejudgment or order or other behavior such as directly hinder the court’s execution. Orthe behavior of refusing to execute specific obligations in accordance with thedecision made by court.The object of refusal to execute effective judgments or orders behavior refers tothe effective judgment or ruling which have determined the content of execution madebyPeople’s Court which infringed by the dangerous behavior of refusal to executeeffective judgments or orders. Author elaborated and commented the main theoreticaldifferences in the object of refusal to execute effective judgments or orders behaviorin this part and proposed formal requirements and the substantive elements of therequirements of the target range.The harm degree of refusal to execute effective judgments or orders behaviorrefers to the subjective social harm and damage to the objective factual which causedby the refusal to execute effective judgments or orders behavior.“The circumstancesare serious” is the standard to judge the harmful behavior whether should be subjectedto criminal punishment. The judgment of “The circumstances are serious” mainlyincludes two aspects. The first one is the way of the actor refuses to perform thebehavior, is also the standards of behavior harm degree. The second one is theconsequences caused by the objective behavior, is also the consequences standardcaused by Behavior. In addition, the application of “others types” in “Thecircumstances are serious” Should be based on “homogeneity criteria” to judge.