On The Judicial Application Of The Crime Of Refusing To Execute A Judgment Or Ruling

In recent years,the problem of difficult enforcement has become more and more serious in China,and the number of "Laolai" is increasing,which greatly challenges the judicial credibility and authority of the people's court and destroys people's belief in the law.The act of refusing to execute a judgment or ruling not only hinders the progress of the judicial executive organ in handling official business,but also infringes the legitimate rights and interests of the parties.Although in recent years,China has increased its efforts to crack down on the acts of refusing to execute judgments and rulings,and has achieved some positive results,the crime of refusing to execute judgments and rulings is still weak in judicial practice.In the judicial application,there are not only the problems of low proportion of application,but also the problems of identification,prosecution,light punishment and irregular sentencing.This paper analyzes the legislative and judicial problems of the crime of refusing to execute the judgment and ruling through the document data and specific cases in China's judicial document network,and analyzes the reasons why it is difficult to apply the crime of refusing to execute the judgment and ruling in practice.Then,this paper puts forward some suggestions on the judicial application of refusing to execute judgment and ruling crime from five aspects:defining the constitution of crime,standardizing the sentencing standard,implementing different jurisdiction,improving the prosecution mechanism and building the credit system,so as to provide theoretical support for solving the problem of difficult execution in China.