Research On Refusing To Execute Judgments And Orders Of The Pepple’s Court

The problem of difficult enforcement of judgments and orders of the people’s court is existing legal authority phenomenon of serious injury in the judicial practices, which establish the socialist country great obstacle under the rule of law in China. To ensure normal execution activities of the people’s court, China’s penal code in 1979 established "crime of refusing to execute judgments", and then in 1997 established separately to emphasize this sin when changed. But because of the characteristics of simple counts and the standard of fuzziness, the applicable rate of this crime is low in the judicial practice. In this paper, it analysis crime of refusing to execute judgments by means of history and system, so as to have a better applicable standards in legal practice.The full text have five parts that includes introduction, concept of crime of refusing to execute judgments, judicial determination of crime of refusing to execute judgments, form problem of crime of refusing to execute judgments, the boundary between the crimes of crime of refusing to execute judgments and suggestions of perfecting legislation about this crime. First, in terms of the legislative status quo of this crime problem, in the form of the legislative model of relative than at home and abroad.And understanding of this crime is the attention of the main causes of the changes of our country legislation pattern;79 of the criminal law to this crime and the crime of obstructing listed in the same section, have played an important role in maintaining the court trial authority, but also the crime constitution of this crime has received the influence of obstructing public business;97 of the criminal law will be singled out this crime, add a "serious" indictment requirements and "has the ability to perform" the body of the narrowed, the provisions of the law on the crime more scientific;To solve the problem on the judicial application, then through the legislative interpretation, judicial interpretation, the content such as "notice" further clarify the indictment of procedures shall be applicable to the specific plot and legal issues.Abroad legislative model, this paper introduces the provisions of the criminal law forms, including independent set special charges and other charges specified in the form of expression, and so on and so forth;Also introduced the way of punishment of this crime, continental law system and has a lot of similarities in our country, the Anglo-American law system, using simple program to contempt of court.Secondly, in the crime constitution of this crime, discussed the subject and the criminal object of crime is the focus of this chapter."Criminal law amendment(9) added in the draft of the refuse of the crime of unit crime, it is the special subject identity the expansion of the scope of this crime.Unit identity into sin, accord with the nature of the crime, can realize the task and purpose of criminal law, is more advantageous to maintain the authority of the trial.In terms of refuse of object of crime, the court judgments and orders of the normal order of execution is the need to maintain;On the object of the crime, should be quite in the necessity of criminal punishment and responsibility in sexual concerns, it narrowed the judgments and orders.According to this crime is the object of protection, to refuse to perform "off duty" behavior of punishment shall be standing at the national standard level.The last is the crime criminal and judicial cognizance question form.The accomplice of this crime forms include executor and obligatory for assistance in execution of accomplice, two aspects of the accomplice of the person subjected to execution with an outsider.The former in the perspective of a duty to assist unit, aiming at the behavior of the unit crime, convicted when sentencing on the basis of the existing law, head of the unit and direct execution of the responsibility.For this crime crime number shape, speak from the criminal law theory of crime as involved crime, and thus should be applied from the principle of punishment of a kind of sin.For refusing to execute judgments or written orders the crime of judicial cognizance question judicial exam, from is not a crime to crime, to the competition between charges is a major issue to consider.In the judicial practice, must clear perform personnel error, the person subjected to execution is unable to perform, and mild resist the execution time performance and the responsibility, to prevent the expansion of criminal liability.In the analysis and on joint crime, crime should focus attention to the problem of the imagination of the competition between charges, rational actor’s criminal liability shall be pursued.The difficult enforcement is a social development problem, the rules of criminal law can only be a last resort, to really solve this problem that also need to establish impeccable perform security mechanism realize the corresponding solution of conjunction of civil means, administrative means and criminal means. In the process of rule of law society advancing, the developing trend in social credit system gradually established, the situation of difficult enforcement must be truly solved.