Discussion Enforce The Crime Of Refusing To Perform The Applicable

Our people from the feudal society of "fear of First Instance" evolved into today’s "only defendants’ litigation costs plus a substantial decline in the event of disputes, reconciliation is not settled by the courts find achievement. This leads to a people’s court accepts all types of cases every year surge in judgment is not automatically fulfill the obligation to enter the number of cases of execution of the program also will be expanded, along with the implementation of difficult problems become more serious, the court recognized that this chronic problem of social credit system due to lack of a comprehensive social issues absence of market regulation, judicial disciplinary fatigue caused,"but whether it is innovation to improve the social credit system, or the implementation of measures to crack" the implementation difficulties "are stopgap policies, crack perform difficult, and ultimately comes down to improve the level of citizens’ legal belief in a higher level of a country where the rule of law, citizens have a higher level of legal faith, then naturally been respected judicial authority, raise the level of the traditional belief system of government public law is a passive, long-term, gradual process. therefore applicable law by increasing deterrence, forcing people knowing, law abiding and ultimately improve the level of people’s faith is an important judicial execution to crack the difficult way.The implementation of the work to increase the penalties applicable will be able to reshape the implementation of deterrence, that is sufficient to produce the debtor discipline, educational role, but also improve the level of faith in the legal citizens. But in practice penalties applicable to (refuse to perform the crime) suffered a bottleneck, because the crime refused to perform the applicable procedures were shelved, useless; tendency exists compulsory enforcement measures light weight of criminal sanctions; penalties vacancy caused by the implementation of coercive power weakened. External reason is institutional defects and justice who refused to treat negative and ineffective enforcement of sin. In order to allow the penalty to play the role in the implementation of the work, the need to rationalize and understand the refusal to perform the Crime legislative intent to construct effective to pursue the debtor refuses to fulfill the obligations of the relevant rules of criminal and disciplinary system network; need to improve the crime of refusing to perform prosecution way, clearly identified criteria, lowering the threshold prosecution procedures to ensure the effective execution of the sentence regression.2014was a bumper year judicial reform, judicial reform should follow the tide, bold innovation, tackle tough. Judicial resources required to integrate, reasonable arrangements duties, improve work efficiency. Try changing the functions of the judicial police force single, to participate in the implementation go; given judicial police special investigation right, and gradually solve the crime of filing the prosecution refused to perform difficult, the burden of proof is difficult dilemma. The future of justice in the application of the crime for refusing enforcement and prosecution, multi-pronged approach, certainly will be more smooth. In addition, the horizontal comparison to other countries, the scope for refusing to perform for the treatment, the majority classified as "contempt of court" in. In China, the short-term legislation to impose conditions on this crime is not only expect a reasonable return and call the penalty, refused to execute the crime increase in practice applicable to weak judicial disciplinary means timely fill the seats.