Study On Judicial Application Of Refusal To Execute Sentences And Judgements

In recent years,the number and scale of civil and commercial cases in the grassroots people's Court have been greatly increased,and the problem of "enforcement is difficult" is becoming more obvious.Refusing to carry out judgment and ruling crime is one of the effective measures to solve the "difficult implementation",which plays a certain role in solving the "difficulty of execution",but still has some obstacles in the specific judicial application.The offence of refusing to execute or determining a sentence means that after the people's Court has made the judgment and ruling with enforceable content,the subject having fulfilled the obligation should have fulfilled the obligation determined by the Court of Judgment,but although it has the ability to carry out and refuses to perform the act of serious circumstances.This crime is mainly to maintain the compulsory enforcement right of the judgment of the People's Court to determine the obligations.Because if this crime is violated,it not only defies the judicial authority of the People's Court,but also damages the judicial credibility of the people's Court and even infringes the legitimate rights and interests of the successful litigant.Therefore,the crime object of this crime has diversity and complexity,judging from the social effect,the social harmfulness of the crime is larger.In the continuous development of social economy today,the people's living standards continue to be improved,along with the people's social contradictions gradually increased,resulting in more and more cases of the people's Court,the implementation of the case vouchered is also more and more large,and thus led to the perpetrator refused to enforce the judgment,the amount of adjudication is also increasing.The influence and harm of this kind of behavior is becoming more and more obvious,because the perpetrator does not actively carry out the obligation determined by the judgment instrument made by the people's law,or the realization of the lawful interests of other parties in a positive way,which leads to the problem that the people's Court's enforcement of the judgment document has become the concern of the whole society.Whether it is possible to revise and perfect the content of the crime of refusing to carry out judgment,improve the punishment of this crime,and further strengthen the enforcement force,so as to effectively crack the stubborn disease which has not been solved for a long time,has become a problem worthy of study.Although in the "amendment of criminal law of the People's Republic of China" in the rule of refusing to enforce the sentence and ruling the crime more meticulous,increase the sentencing amplitude of this crime,expand the scope of the subject of this crime,but in the specific application process,the refusal to enforce the judgment,determine the scope of the crime,what is capable of execution and refused It is not clear that the norms of the situation are serious acts,how to connect the various departments concerned,and there is no uniform standard when the judicial organs apply this crime.This article will carry on the research from the angle that refuses to carry on the judgment adjudication Crime Judicial practice,the total from six parts unfolds:The first part is the introduction,this part mainly introduces the background,research ideas,research methods and innovative points.The first chapter briefly introduces the refusal to carry out judgments and rulings on the development and evolution of crime at home and abroad,and makes a comparative analysis and reference.The second chapter is the summary of the refusal to enforce the sentence and the crime of ruling,briefly analyzes the problem of the constitutive elements,and provides the theoretical basis for the analysis of the problems in the judicial application process of refusing to enforce the judgment and ruling the crime.The third chapter analyzes the problems of the crime in the judicial practice.Mainly from the application of low proportion,the identification of difficulties,the difficulty of prosecution,incomplete punishment,the lack of a unified five aspects of the analysis.The fourth chapter mainly aims at the analysis of the causes of the existing problems.From the legislative,judicial and social environment of the three aspects of Zhang to discuss.The fifth chapter puts forward perfect measures to the problem of refusing to enforce the judgment and ruling the crime.Specifically including the identification of criminal standards,optimize the allocation of punishment,the implementation of remote jurisdiction,the establishment of civil enforcement law and improve the mechanism of criminal prosecution,change the concept of increasing the cost of illegal six aspects of the discussion.