A Study On The Criminal Responsibility Of The Person Who Assists In Execution

In order to solve the problem of "difficult execution",people's courts at all levels have made great efforts in recent years.As a member of the people's court's execution system,the author has personal experience in the difficulty of execution.It is of great significance to assist in civil execution,which is related to the efficiency and effect of execution.However,due to the influence of various complex factors,the obligors who assist in the implementation will not actively cooperate with the implementation as expected.As an executive judge,in the face of refusing to cooperate with the enforcement,the first thing to be considered is to apply civil punishment measures to the enforcement aid obligor.Although the relevant laws also make some provisions on the criminal responsibility of the enforcement aid obligor,due to the vague understanding of the content of the enforcement aid obligation and the determination of the identity of the enforcement aid obligor,and the application of the enforcement aid obligor In judicial practice,it is very rare to apply criminal liability to the person who assists in the execution of the obligation.The obligation of assistance in execution is the basis of assistance in execution.It refers to the relevant actions taken by the relevant units,organizations or individuals according to the requirements of the people's court to ensure the smooth implementation of the execution within the scope of their functions and powers.The obligation comes from the specific requirements of the direct provisions of the law and the notice of assistance in execution.According to the types and sources of their obligations,the obligors of assisting in execution can be divided into legal obligors,voluntary obligors of assisting in execution and arbitrary obligors of assisting in execution.Its criminal responsibility is conditional on the obligation to assist in execution,the ability to assist in execution,the refusal to perform the obligation to assist in execution and the serious consequences,which may violate the crime of illegally disposing of sealed up,seized and frozen property;the crime of obstructing official duties;the crime of refusing to execute judgments and rulings;through the concurrence of names of crimes,the author thinks that its main criminal offence is the crime of refusing to execute judgments and rulings,and it can Become the executor,instigator and helper of the crime.Because the person who assists in execution is not a party to the execution case,it is generally not suitable to directly include his / her behavior in the scope of criminalsanctions.When judging whether he / she should bear criminal responsibility,I think it is necessary to make a comprehensive judgment based on whether he / she has the ability to assist in execution,his / her motive against execution,the nature of assistance in execution and the purpose of assistance in execution.