Judicial Confirmation On The Objective Aspecr Of The Crime Of Refusing To Execute Judgment Or Order

The objective aspect of the crime of refusing to execute the judgment or order can be divided into three aspects:harmful behavior,object of crime and extent of injury.The definition of harmful behavior is divided into two levels."Capable execution" should be judged synthetically from four dimensions:subject,content,degree and time.For the subject,outsiders and executors can not be the subject of crime.In terms of content,the judgment is based on the ability of property payment and the ability to perform specific obligations.For the extent,in addition to those who are recognized as unable to perform,the actor has the responsibility to fulfill obligations completely and timely.In terms of time,"the litigation begins"should be adopted when the party concerned has the behavior of transferring and concealing property in advance,otherwise,"the effective theory"should be adopted."In view of means,non-implementation" is divided into violent non-implementation and non-violent non-implementation,positive non-implementation and negative non-implementation,and in the view of extent,it is divided into overt rejection and covert rejection.The object of this crime is controversial in its scope.The judgment or written order made by the people's court which has the legal effect of execution is the object of the crime,and the wrong judgment or written order should not be the object of the crime.When the conciliation statement and the order of payment are made in the form of a written order,they may be the objects of the crime,but not in the form of a written order.The effective decision,notice and order of the people's court may be included in objects of the crime theoretically,but it rarely happens in practice.In terms of the degree of harm,determination of the “plot” of this crime is not clear now,whether in theory or in practice.The determination of "serious circumstances" should adopt the compound theory,that is,the severity of the behavior and the severity of the result should be both taken into account." Based on criteria of “serious circumstances”,the number of acts,the amount of refusal and the number of compulsory measures should be considered when “especially serious circumstances” are determined.