Practice And Reflection On The Crime Of Refusing To Execute Judgments Or Orders

The emergence of refusing to execute judgments and rulings is the product of the development of China's economy and society to a certain historical stage.Before the establishment of this crime,the law court's compulsory execution is usually used to attack the defendant's refusal to execute the judgement or the ruling.During the period after the founding of the People's Republic of China,due to the lack of economic exchanges between people,the people rarely settle disputes through litigation,and there is no need for compulsory enforcement at all.The people's courts have no pressure to carry out their work.With the continuous development of economy and society,civil and commercial activities among the people are increasing,and the social integrity system is not yet perfect,so that some people ignore the legitimate rights and interests of others for their own benefit.With the increasing of civil and commercial disputes in the people's court,a large number of execution cases have entered the stage of execution,the difficulty and pressure of execution are increasing.Traditional means of execution are tired of dealing with them,and the problem of refusing to execute judgments and rulings is becoming increasingly prominent.When the means of compulsory execution is not effective enough to deal with the problem of refusing to execute judgments and rulings,a legislative consensus has been formed to regulate refusing to execute judgments and rulings by means of criminal sanctions.Against this background,the crime of refusing to execute a judgment or a ruling is included in a criminal charge.After the implementation of refusal to execute judgments and rulings,we should first understand the basic principles of charges,including the connotation of charges,the elements of crime,the boundary between this crime and other crimes.This paper,by combining the key issues in practice,makes a targeted discussion,and combines the principles of charges with practice,so as to understand more accurately the legal provisions of refusal to execute judgments and rulings,so that the identification of charges is more accurate.In the process of the application of charges,combined with the current situation of the application of charges,the performance is as follows:the application rate of charges is low;the penalty is light;the start of criminal prosecution is difficult.These reflect the main current situation of refusing to execute judgments and rulings in the current application process.At the same time,we should also realize that the crime of refusing to execute judgments and rulings embodies a certain effect of criminal law application in practice.The crime of refusing to execute a verdict embodies the deterrent of criminal sanctions in the application process,and effectively cracks down on the illegal and criminal acts of refusing to execute a judement or a ruling.It has the following characteristics:prominent focus and strong pertinence in application;safeguarding fairness and justice,safeguarding social justice;as the ultimate means to solve the problem of "difficult execution";prominent effect of centralized application.However,in practice,the following problems arise in the implementation of refusing to execute judgments and rulings:weak public awareness of law;lack of cooperation among departments;problems in the standard of conviction;difficulty in starting prosecution procedures;high cost of application;solidification of execution mode;lack of supporting systems and measures.If these problems can not be effectively solved,we can not achieve the maximum effect of refusing to execute judgments and rulings in combating crimes,which is not conducive to consolidating the deterrent force and credibility of our criminal law,and will also become an obstacle in the process of fundamentally solving the "difficulty of execution".To balance the role and problems of refusing to execute judgments and rulings in practice,we should make it clear that on the road of socialist rule of law construction,refusing to execute judgments and rulings is to meet the needs of the current development of criminal rule of law,and will continue to play an important role in the future.Any crime and a law will inevitably encounter a variety of problems in the application process.Only by constantly summarizing and perfecting the provisions of charges can the best effect gradually appear in the process of application of charges.In the aspect of perfecting the application of charges,this paper analyses the functions and problems of refusing to execute judgments and rulings in the application,discusses the relevant problems from the perspective of theory and practice,and puts forward suggestions.The author believed that the public legal consciousness should be strengthened,the cooperation between departments should be strengthened,the basic elements of crime construction should be specified in detail,and suggestions for prosecution of crimes should be put forward,and it also puts forward suggestions to reduce the applicable cost and innovates the execution methods.The purpose is to crack down more effectively on illegal acts of refusing to execute judgments and rulings.Reflecting on the crime of refusing to execute a judgment or a ruling,we realize that refusing to execute a judgment or a ruling can not be regarded as the only means to solve the problem of "difficulty in execution".The effective application of refusing to execute a judgment or a ruling requires not only self-improvement,but also external improvement.We should establish an applicable system of refusing to execute a judgment or a ruling,so as to give full play to refusing to execute a judgment or a ruling Criminal strikes on convictions.