Study On Judicial Application Of Refusal To Execute Judgment And Ruling

In recent years,with the continuous development of social economy,claims and debts disputes,inheritance disputes,damages disputes and many other social disputes have become increasingly diversified,justice has become an important tool to resolve various disputes.However,for a long time,after completion of trial,the implementation situation was difficult to implement,and the implementation of the obligatory evasion was becoming more and more serious,which created the embarrassing situation of the court's “difficulties in implementation” and became a hot spot of concern to the public.It has had a negative impact on the judiciary,derogated from the credibility of the judiciary,and helped some people to form a misunderstanding of "communication and petition,not trusting the law." In March2016,the Supreme People's Court proposed at the Fourth Session of the 12 th National People's Congress to " basically solve the problem of difficult implementation in two to three years." In recent years,the court has played an important role in cracking down on difficult implementation problems through the implementation of network inspection and control,joint punishment,and online judicial auctions.In the field of criminal,in order to meet the current high-pressure situation of "Lai Lai" and thoroughly resolve the implementation difficulties,in August 2015,the "Criminal Law Amendment(IX)of the People's Republic of China" revised the refusal to enforce judgments and rulings,and improved The scope of sentencing increased the sentence section with particularly serious circumstances to a term of imprisonment of three years or more and seven years or less,and added a unit crime.From the criminal point of view,it blew the horn of resolving difficulties.Based on the existing research on the crime of refusing to execute judgment or order,there are still many problems in the theoretical level and practical level at present.The previous research have focused more on theoretical research,lack of empirical or only from phenomena,and lack of theory.This paper starts from the specific case of Hebei Province's refusal to execute judgments and ruling the judicial application.Through quantitative analysis,it explores the law of judicial trials,and systematically demonstrates the existing theoretical problems in combination with cases to promote theoretical research and practical trials.The effective combination has been carried out,and the path of perfecting this crime has beenproposed from the perspectives of legislation,system and procedure,with a view to promoting the deepening of the theory and the further development of judicial practice.This paper is mainly divided into the following parts:The introduction part introduces the background and research theoretical value and practical value of this paper.Summarize the current research status of this crime at home and abroad and the existing problems in the research.This paper briefly introduces the writing method of this paper and the innovation and existence of the paper.insufficient.The first part,from the Angle of macroscopic visual valve,conducted a quantitative analysis of the case of Hebei Province's refusal to execute judgments and rulings.First,the number of judicial trials for this crime has increased,the number of private trials of this crime has increased,the types of cases have been diversified,the role of this crime in the execution of cases,and the tendency of this crime to be lightly sentenced in sentencing.Second,the basic level court apply the polarization of this crime,the unit conviction rate is low,the judgment document reasoning is not sufficient,the sentence is not balanced and so on.The second part,from the microscopic perspective,analyzes and interprets the disputes and problems in theoretical research and judicial practice,combined with Hebei Province's refusal to execute judgments and rulings.Mainly from the controversy of the crime and the crime,the definition of the subject of the crime,the refusal to enforce the judgment,the determination of the crime,the obstacles to the private prosecution of this crime,whether the time limit for the application of the prosecution is applied,and whether the performance of the creditor's right is deemed to be refused Six aspects of behavior.The third part is the perfect path of this crime.First of all,on the legislative level,it is recommended to correctly state the crimes and crimes,add exceptions for the identification of crime time nodes,and standardize the applicable standards for sentencing.Secondly,at the unified level of judicial application,it is suggested to strengthen the education and training of judicial referees,strengthen the judgment of judgment documents,and standardize the standards and standards of law enforcement.Thirdly,from the construction of the criminal prosecution system,it is suggested to improve the self-reporting prosecution system,reduce the self-reporting filing standards,strengthen the self-reporting proof ability and the accused to participate in the court participation review mechanism.