Research On Crime Of Refusing To Execute Judgments Or Orders

Ineffective punishment for refusing to execute the judgments or orders by the people's court is a major cause of "execution difficulty" For upholding judicial authority and safeguarding the normal enforcement activities of the People's Court,the current Criminal Code of our country set an independent article of law to define crime of refusing to execute judgments or orders,for which legislative interpretation,judicial interpretation and criminal law amendment(nine)made some continuous improvements.Although the authentic interpretation has interpreted the provisions of controversial issues,and played a certain role in promoting the application of this crime,in the aspects of entity and procedure there remain many problems to be explored and clarified.The controversy over the composition of the crime and the different standards for conviction both lead directly to low rate of judicial application and ineffective function of judicial protection.Based on this,the paper tries to find the key to solve the problem of "application difficulty" by empirical analysis,thus to function its criminal deterrence,and then to promote the implementation of"execution difficulty".This article includes five parts:introduction,present situation and problems of judicial application,controversial research of the crime constitution,improvement and perfection in legislation and judicial,and conclusion.The first part briefly introduces our country's legislation about this crime and the significance of setting up this crime,then leads to the low judicial application rate of this crime.The second part takes the cases from the municipal court in nearly three years in Q city about execution and crime definition,analyzes on the present situation and characteristics of judicial application of this crime and points out that the problems and reasons of the low rate of judicial application lies in the lack of understanding about the concept of law enforcement and the lack of connection between the public security organs.Additionally,there are differences in interpretation of the constitution among the entities,difficulties in the procedure of investigation and evidence collection and starting the procedure of prosecution as well.The third part focuses on the analysis of controversial points of the crime constitution.It explains each term about the crime by argueMentation both in theories and practice,like the object,target,behavior,subject,time to refuse the execution,if the circumstances are serious and so on,trying to bridge the dispute by Legal interpretation,to provide reference for judicial application of the crime.The fourth part,makes the improvement for the legislation and judicature.Substantive legislation is mainly to increase the qualification penalty,to extend the object of this crime to the conciliation book,and to improve the seriousness of the situation.Procedural legislation mainly perfects the procedure of public prosecution and private prosecution At the same time,perfect the judicial through the transformation of judicial philosophy,building efficient collaboration mechanisms,introducing restorative justice system,and exerting legal supervision function of procuratorial organs.The fifth part,points out that to promote the application of this crime is a powerful means to solve the "difficulty of execution",but we should also focus on strengthening cooperation with relevant departments,improving the joint disciplinary mechanism and the credit system with other means and joint efforts to crack "execution difficulty".