Research On Several Issues Of Refusing To Execute Sentences And Ruling Crimes

As a lawyer who specializing in the disposal of non-performing financial assets,I have dealt with hundreds of financial loan contract disputes,private loan disputes,right of recourse disputes,difficult and complicated execution cases on behalf of many banks,asset management companies,network lending platform guarantee companies and other clients.Creditors are spending a lot of money.The cost of capital and time,after overcoming the procedures of first and second instance,and having obtained the effective judgment,are deeply touched by the difficult situation of execution.Due to the imperfect enforcement of laws and regulations,the person subjected to execution transfers cash,stocks,real estate,automobiles and other property by very concealed means or in the name of others in the course of litigation or execution.The executed party who is obviously capable of fulfilling his obligations,the person who has the property to be executed but refuses to execute the effective judgment or written order,the court has insufficient or weak execution of the judgment and so on.The creditor can not realize the recovery of the creditor’s rights,although the written judgment has become a blank letter in hand.Executives who become Laos usually take various forms to escape and get around by holding other people’s bank cards.For those on the list of dishonest,or dishonest,people,the courts have often taken a step toward limiting high spending.At present,it seems that certain results have been achieved,but the effect is not significant,because the restrictions on the way the executives fly high-speed rail,the executives can still drive luxury cars freely throughout the country.In judicial practice,judges are always extremely cautious and unwilling to touch the boundary when it comes to restricting personal freedom.Finally,the person being executed is not investigated or can not be done.This not only damages the judicial authority of the public,but also causes great losses to state-owned assets..Personally,there is a misunderstanding between the application of criminal law in China and the understanding of the public prosecution organs on the crime of refusing to execute judgments and adjudications.Therefore,this crime is seldom used inChina’s judicial practice to combat refusal to execute judgments.This article is based on the basic situation of the crime of refusing to execute judgment and verdict in Guangdong,the constitution of the crime,the author personally acts as a deputy of the case in-depth shallow on the identification of the crime,the application of their own views and analysis,put forward solutions and legislative proposals,hoping to promote the implementation of the case,As well as the application of the accusation has a certain practical significance,it can contribute a little bit of its own strength to solve the difficulty of execution in reality.