Empirical Study Of Refusing To Execute Judgments Or Rulings

To statistics,116 cases of judicial precedent Refusing to Execute the Judgments or Rulings,the pirivate prosecution has achieved preliminary results.In the cognizance of the unit crime,and the new sentencing range,remains to be further practice and exploration;In terms of processing results,the conviction rate is higher in the cases of public prosecution,the cases of private prosecution conviction rate is low;In the judicial effect of sin,this crime deterrent to the person subjected to execution is stronger,execution effect after signif-icant into sin;In serious performance forms,in order to conceal,transfer,transfer property,without authorization is more frequent.The following problems can be found after all the data statistical analysis:The one is the strong contrast between the applicable rate of Refusing to Execute the Judgment or Rulings sin and the success rate of execution;The two is the "serious" of.Refusing to Execute the Judgments or Rulings lacks of consistency judgment dimension;The thr-ee is the processing results of the court about Refusing to Execute the Judgments or Rulings deviates from the value in which a case of private prosecution.The following problems can be found after all the data statistical analysis:The one is the strong contrast between the applicable rate of Refusing to Execute the Judgment or Rulings sin and the success rate of execution;The two is the "serious"of Refusing to Execute the Judgments or Rulings lacks of consistency judgment dimension;The three is the processing results of the court about Refusing to Execute the Judgments or Rulings deviates from the value in which a case of private prosecution.For the existing problem of the case statistics reflect,mainly because this crime entities are ambiguous,prosecution procedure flaw is obvious:In terms of the entity,the execution scope of criminal object,structure of sin time starting point as well as the standard of the circumstances whether they are serious,disputes in judicial application;In the aspect of application,the deviation of procurator's concept,the dislocation of the courts and the difficulty of private prosecutor forensics make this crime on the prosecution procedure fraught with difficulty.For the existing problems and defects of Refusing to Execute the Judgments or Rulings,it can be perfected in the following ways:Firstly,to clarify the entity debate.One is the execution scope of criminal object,the written judgments or rulings of the court shall be included,as well as the court to perform in accordance with the order of payment,the conciliation statement,arbitration award orders,notarial documents of creditor's rights;Two is the criminalizing time after starting point shall be limited to the time when the parties apply for execution;Three is "serious" of Refusing to Execute the Judgment or Rulings means the standard of the scurviness of behavior and the standard of the seriousness of the result;Four is "if the circumstances are especially serious" standard can be established on the basis of "serious" according to the behavior of the number,the amount of the matter and the number of detention or a fine,making a quantitative regulation accordingly.Secondly,we are supposed to perfect the program mechanism.One is the public prosecutor personnel out of misunderstanding,each organ cooperating effectively;Two is to separate the jurisdiction of the court from the executive power,executives "law applied,the barriers";Three is to establish survey licensing system,making up the defects of private prosecutor forensics mechanism.