Study On The Application Of Substantive Law To The Crime Of Rufusing To Execute Judgment Or Order In Judicial Practice

Refusal to carry out a judgment or written order refers to a refusal to carry out a judgment or written order of a people's court when it is capable of carrying it out and the circumstances are serious.The purpose of this crime is to guarantee the judicial authority and judicial credibility and ensure the implementation of the law.The Criminal Law of 1979 has preliminary provisions on this crime,and The Criminal Law of 1997 has amended the provision on this crime in a more practical way.The promulgation of these provisions has solved the problem of execution to some extent.However,with the rapid development of the society,new criminal and illegal acts keep emerging.Even if the legislative interpretation and judicial interpretation continue to revise this crime in the later period,the problem of "difficult execution" has not been fundamentally solved.How to protect the rights and interests of the parties and how to establish the authority of judicature is a serious problem in the execution.In this paper,156 first-instance criminal judgment documents of hunan provincial court in 2018 were taken as samples to analyze and study the substantive legal issues of present crimes of refusing to execute judgments and orders.The application effect and problems of this crime were analyzed through the contents reflected by the sample data,and relevant Suggestions and opinions were put forward.According to the data analysis,this crime has certain effects on promoting the execution obligation of the person subject to execution and solving the difficulty of execution,such as rapid progress in the handling of the execution case,the increase in the number of criminal cases applicable to this crime,the acceleration of the trial process of criminal cases,and higher trial efficiency.Therefore,it is very important to improve the application of this crime in judicial practice.As applicable,this crime does not good play to deter battle refused to carry out,after the analysis of sample data,the main reason lies in differences in calculating time refusing to carry out the case of under the existing laws and regulations for the object of this crime violation,the criterions for the conviction of applicability,at the same time,there is a deviation of the concept of punishment of the judiciary.After the article analyzes and elaborates the problems of targeted Suggestions in accordance with the contents of the problem,the article determined the calculating time of refusal to carry out,cleared the crime object of infringement,refinement of sentencing plot specific provision,corrected the mistakes of the judiciary idea.at the same time the article solved the problem of this crime in judicial practice,improved the usage rate of this crime,effectively combat the behavior of refusal to carry out the written judgment.