Research On Conviction And Sentencing Of The Crime Of Refusing To Execute The Judgement Or Order

On the basis of refusing to execute the judgment or order and ruling the existing academic viewpoints,this paper starts from the typical cases published by the Supreme People's Court and the judicial practice of the five districts in Baiyin City,and specifically stipulates that refusing to execute the judgment or order and the conviction is convicted.With regard to the problems existing in sentencing,the legal reasons for the problems are analysed,and the non-penalization viewpoint is put forward,and the legislative path and related suggestions applicable to this crime are proposed.This paper is divided into four parts in addition to introduction and conclusion.Chapter 1 begins with a brief introduction to the theoretical basis of the crime of refusing to execute the judgement or order and analyses the controversial focus of the crime of refusing to execute judgment or order under the traditional four-element theory system as well as the influence of many disputes on conviction and sentencing.Chapter 2 explores the problems and empirical analysis of conviction and sentencing.Chapter 3 explains in detail the legal reasons for analysing the problem of conviction and sentencing.Chapter 4 puts forward relevant recommendations for refusing to execute the judgement or order.