Execution Arbitrated Misconduct Dereliction Of Duty

The enforcement has always been a challenge in the judicial practice of our country.The reasons for the difficulty in enforcement are various,including the person subjected to enforcement fails to actively fulfill his obligations and the executor neglects his duty.The Criminal Law Amendment(4)promulgated in December 2002 added the execution,arbitrated misconduct and execution,breach of privilege.The Criminal Law Amendment(9)promulgated in August 2015,amended to refusing to implement judgment and ruling execution.Increased punishment of “the plot is especially serious”and unit crime.The above-mentioned provisions establish the incrimination standard from the two dimensions of the subject of execution and the person to be executed,and comprehensively incorporate the issue of enforcement into the criminal legal system.The paper takes execution and arbitrated misconduct as research object,and aims to discuss explicitly the determination of that crime in judicial practice.In this study,the author discusses in detail the determination of executing judgment and dereliction of duty through the literature analysis,case analysis,logical analysis and other diversified research methods.First of all,this article reviews the basic issues of enforcement of judgments and dereliction of duty.Mainly including a historical review and review of extraterritorial legislation.Historically,our country have always valued judicial officer's malfeasance,and formed a complete legislative system;Outside the country,this article reviewed legislation situation of some countries and take malfeasance as an independent chapter of specific provisions of criminal law,it may includes executing judgment and a professional misconduct of adjudication process.Secondly,this article focuses on carrying out an analysis of executing judgment and practical category of arbitrated misconduct from executing judgment,adjudicated range and the scope of the subject to which this crime applies.Judgment and ruling mainly includes the judgment and ruling of civil action and administrative litigation,the judgment and ruling of the criminal proceedings just including incidental civil part.On the subject,should stick to the “responsibility”,and those who executive duty should be brought into range of rules.Thirdly,this article analyzed the subjective determination of enforcement of judgments and arbitrated misconduct.The fault of this crime includes both negligence and overconfidence.Finally,this article systematically discusses the determination of objective aspects of enforcement of judgments and arbitrated misconduct.In the aspect of objective behavior,the paper focuses on the analysis of concrete negligence of professional misconduct;on the result,this paper analyzes the determination of “significant losses”of this crime.In the aspect of causality,it advocates scientific confirmation with the aid of the objective imputation theory.