On The Crime Of Refusing To Execute Judgments Or Order

Article 313 of the Criminal Law of the People's Republic of China provides for the enforcement of the decisions of the people's courts and the corresponding penalties,but does not effectively combat the act of resisting execution.At present,solving the difficulties of implementation is still the widespread concern of the government and society,the implementation of difficult problems not only damage the legitimate rights and interests of rights holders,but also the construction of judicial credibility is extremely unfavorable,hinder the rule of law and the rule of law society process.Using the "criminal law" to punish the crime of resistance to the implementation of the maintenance of justice as the last means of remedy,however,our law provides for the refusal to enforce the judgment,the provisions of the crime still exists a certain fuzzy and blank.In the first chapter,we through the concept of the concept of the existence of several views of the point of view,and pointed out the corresponding shortcomings,through comparative analysis,combined with our legislation to define the concept of this crime.At the same time,it makes a systematic analysis of the two kinds of legislative models of civil law system,and puts forward that our legislation should learn from the main body of law enforcement,behavior mode and penalty punishment.In the second chapter,we mainly analyze the theoretical disputes between the theoretical and practical circles.For the determination of the subject of this crime,the author thinks that the outsider should belong to the subject of this crime and the judicial staff who do not fulfill the duty of judicial duty.For the object of this crime,I believe that is a complex object,with the protection of private rights and the maintenance of national judicial authority of the dual function.For the object of this crime,the author mainly on the verdict,the ruling and the mediation and payment order to define.For the objective aspects of this crime,but also around the "ability to implement,refused to implement and serious circumstances" for judicial identification.In the third chapter,we based on the basic principles of the crime of criminal law,defines the crime and non-crime from this crime and unable to enforce the behaviorand the resistance to the wrong judgment,the implementation of the boundaries between the ruling.In the form of the number of crimes,also studied the imagination of the crime of the form of competing and implicated in the identification.In the last chapter of this article,we mainly analyze the shortcomings of the present crime and put forward the corresponding suggestions.For example,for the crime of this statement,the proposed amendment to refuse to fulfill the verdict,the crime of the crime;to expand the crime of criminal objects in order to better achieve this crime to combat crime and realize the protection of rights and interests;relative to enhance the statutory punishment,increase illegal costs,fair and justice.