Research On The Judicial Application Of The Crimeof Refusing To Execute The Judgment Or Ruling

"Justice is the last line of defense for the maintenance of social justice and justice," and the effective enforcement of the court's judgment and ruling is the fundamental guarantee for the defense of the judiciary.Crime of refusing to execute judgments or written orders from separate legislation in 1997,is a complement and improvement of country invested enormous resources to solve the problems in the process of judicial application,to better play its legislative purpose.However,in judicial practice,there are many problems in the application of this crime,which leads to the phenomenon of low application rate,high withdrawal rate and difficulties in the process of litigation.Therefore,it is urgent to solve the problem of judicial application of judgment and verdict.Based on the practice,on the basis of the relevant laws and regulations and explain the rules to solve daily with many problems in judicial practice as the starting point,tries to through the sampling analysis,theory with practice,comparative studyand other methods to solve civil and commercial cases payment class actions and the money to pay in the execution of the legal document difficult problems,explore the future judicial practice in our country to execute the judgment or written order the perfect way and related countermeasures to resolve the problem of sin.In this paper,we study the problem there are three main aspects: one is to execute the judgment or written order determine the time point of sin crime,it is related to a particular behavior can apply this crime of key issues,but are controversial in the judicial practice;The second is to refuse to carry out the judgment,to determine the "ability to carry out" and "cause the failure to execute" situation;Third,the determination of "serious circumstances" of the crime of refusing to execute judgment or order.The above problem is a well-defined block this shall be the key to the judicial application,so from the above several aspects of research,will be to promote the development of judicial application and theory of this crime have beneficial effects.