On The Predicament And Countermeasures Of The Crime Of Refusing To Execute Judgments Or Orders

It is of great significance for the realization of the rights of the parties and the construction of the National rule of law whether the effective legal judgment or ruling can be recognized and executed.However,the problem of "difficult implementation" has always plagued courts at all levels in the country.It can be said that the dissatisfaction of the public and the constant letters and visits caused by the lack of implementation have seriously affected the normal work of the courts and judicial authority,and have become a stumbling block in the process of advancing the rule of law.To address this obstacle,courts at all levels throughout the country have adopted a variety of enforcement measures,including promoting the implementation of informatization,increasing the efforts to punish people for breach of trust,establishing joint mechanisms for implementation,and strengthening the investigation of refusal to perform acts.In which,Article 36 of the Criminal Law Amendment(IX)adopted by the Standing Committee of the National People's Congress on August 29,2015 also amended the provisions of Article 313 of the Criminal Law on refusal of execution.,I hope to promote the solution of "implementation difficulties" through the "refusal to commit crimes" as a penal measure.Then,in judicial practice,what are the reasons for the application of "refusal to commit a crime" and the difficulty of application of refusal to commit a crime? How can this dilemma be resolved? Based on the application of "refusal to commit a crime" in quanzhou two-level court,this paper tries to study the above problems.Based on the application situation of quanzhou court's refusal to commit a crime,this paper analyzes the predicament of quanzhou court's refusal to commit a crime,explores the causes of its application,and tries to find out the countermeasures.The article is organized into three chapters as follows.1?introducing the legislative changes of refusing to commit a crime in China,investigating and counting the application of refusing to commit a crime in Quanzhou County Court.2?Through analyzing the performance of the application dilemma of refusal to commit a crime and exploring the causes of the application dilemma of refusal to commit a crime3?Based on the practice of the work,put forward some countermeasures to solve the difficulty of application of the crime of refusal...