Qu Cong Lin Refused To Implement The Judgment, Ruling The Case Of Legal Analysis

In China’s judicial practice, ruling People’s Court ruled the effectiveimplementation problems are not very serious, with the further development of themarket economy, driven by the interests of people deliberately refuse to executejudgment, ruled that the phenomenon even intensified. Over time, if not effectivelystop this phenomenon, safeguard the legitimate rights and interests have beeninfringed person would be impossible, the credibility of the judiciary was bound tobecome greatly weakened. In this context, the study further improve the relevantprovisions of the Penal Code for refusing to implement the judgment, ruling sin, foreffectively curb this kind of problem it is very urgent and necessary. In this paper, QuLin and the others from malicious collusion refused to fulfill the court sentence, rulingand the case eventually cause serious consequences as a starting point, Deep, byfinding and analyzing problems, solutions to the problem of refusing to implement thesentence, ruling crime the judicial determination and legislation issues such asin-depth study.This paper is divided into five chapters, the introduction and text two parts,among which the body part is divided into four chapters:The introduction part introduces the background of this crime as I choose theresearch objects and significance, explains the urgency and necessity of this research,expounds the application value of the project research. Details of the current researchstatus at home and abroad for the crime, and on the basis of this crime founddeficiencies in legislation, and then put forward their own for this crime in legislativeaspect innovation view.The first chapter is the unique one refuses to execute the judgment case review,by Qu a case as research material, according to the practice departments and expertsand scholars of differences of opinion on the case, summed up the focus ofcontroversy in this case: one is the subject of controversy, due to the provisions of thecriminal law is not accurate enough to improve, leading to this crime is controversialin that the main the scope of. The two is for serious elements of the understanding, the controversy lies on the legislative interpretation of some serious situation whether theprovisions of too narrow? In determining when serious case should also consider whatfactors?The second chapter is the analysis of legal issues, is the core content in thedetermination of this crime, for the accurate grasp of how to identify the crime ofrefusing to execute the judgment is very important. This chapter includes two parts,the first part is the determination of the crime subject, the research content three:whether to include is not given the obligations of the third person? Whether shouldcover off duty? Unit (even including the people’s court itself) can become the subjectof the crime? The second part is the serious elements of the understanding, analysis ofthe main contents of three aspects: whether the inquiry of the case cannot perform isthe only standard of identification? Consideration should be given to fulfill theobligation of the subjective aspects of people, in the determination of serious or notshould be objective and serious consequences of behavior person refuses to executethe judgment caused by the behavior into account.The third chapter for refusing to implement the judgment crime should payattention to the identification, I think this crime in the identification is mainly payattention to distinguish between two aspects and the problems of implicated offense ofthis crime and other crimes. Among them, limits in the distinction between this crimeand that crime and especially to distinguish the crime of disrupting public service andillegal disposal of attachment, seizure, freezing the property crime, I think clear thesetwo issues is critical to accurate grasp of this crime in the judicial determination.The fourth chapter is refusing to implement the judgment crime legislationsuggestions, this chapter is in the present criminal law for this crime inquiryspecification based on the provisions of the deficiencies, puts forward legislativesuggestions, in order to accurately, effectively prevent and punish the crime ofrefusing to execute the judgment, obtains the legislative due effect. Suggestions fromtwo aspects of the conviction and sentencing to perfect the legislation on this crime inthe conviction claim to expand the applicable scope of subject and generalizedunderstanding serious elements; in sentencing advocates strengthening the punishment, which increases the crime sentence and increase provisions ofaggravating circumstances, increase the crime cost, improve judicial deterrence.