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

In our country,the people's court should not only make a fair and just judgment document,but also guarantee the effective execution of the judgment document,and realize the legitimate rights and interests of the parties from all aspects.However,at this stage,due to the judicial environment and integrity mechanism,the implementation of the people's court is very difficult.Although many efforts have been made,the problem of "difficult implementation" of the effective judgment document is still far from completely solved,which makes it difficult for the rights and interests of the parties to be fully protected,and the judicial authority and public trust of the court have also been questioned.In order to solve the problem fundamentally Although no special legislation has been made in the field of civil law,the problem of "difficult execution" has been improved in the field of civil procedure law,and the punishment mechanism for dishonesty has been introduced,which has increased the attack on the person who intends to evade the execution of the court.In the field of criminal law,the promulgation of the Ninth Amendment to the criminal law of the people's Republic of China has increased the punishment for refusing to execute the judgment and ruling The strength of punishment further provides a strong guarantee for solving the problem of difficult implementation.Based on the existing theoretical analysis of the crime of refusing to execute a judgment or ruling,it has not yet reached the expected goal of specific norms in practice.Although the laws and regulations implemented at this stage in China have a broader interpretation of the crime of refusing to execute a judgment or ruling from a theoretical perspective,there are still different judgments in the same case in the specific application,which can not reflect the commitment of criminal law In order to achieve the purpose of social equity and justice.This paper focuses on the selection of typical cases,analyzes the problems existing in the judicial application of the crime of refusing to execute the judgment and ruling at this stage,and finds three specific problems from the analysis of the focus of the dispute: the identification of the objective aspects of the crime,the dispute over the priority of the creditor's rights and theobstacles to the prosecution procedure,and is committed to putting forward practical solutions from the theoretical level.This paper is divided into the following four parts:The first part is the introduction,which mainly introduces the background and significance of this topic.From the research status at home and abroad,we can analyze the shortcomings and references of the judicial application of the crime of refusing to execute the judgment and ruling,and put forward the research methods and innovation of this paper.The second part is the summary of the crime of refusing to execute the judgment and ruling.It analyzes the whole evolution of the crime of refusing to execute the judgment and ruling,and probes into the constitution of the crime of refusing to execute the judgment and ruling.The third part is to sort out the case data in the judicial application,further analyze the dispute focus of the classic cases in the judicial application of refusing to execute the judgment and ruling crime,and gradually find that there are some important problems in the judicial application of refusing to execute the judgment and ruling crime,such as unclear identification of the objective aspects of the crime,disputes on the priority of creditor's rights and obstacles in the prosecution procedure.The fourth part is to put forward specific suggestions for the problems in the judicial application of refusing to execute the judgment and ruling crime,from the legislative level,judicial level and prosecution procedure,and strive to put forward feasible suggestions.