Refusal To Execute Judgments And Convictions

In 2015,the judicial interpretation issued by the Supreme Court and the ninth amendment to the criminal law improved the crime of refusing to carry out judgments and orders,expanded the scope of the crime subject,added the "especially serious circumstances”as the sentencing level,and established the private prosecution procedure of this crime,which has achieved certain effects in judicial practice.In order to respond to the practical needs,the judicial interpretation supplemented and improved the 8 specific cases of "capable of execution but refusing to execute,with serious circumstances".It provides a remedy way for the interested parties who are closely related to the execution interest,endow them with the right of self-prosecution,and improve the passive situation of the crime prosecution.The ninth amendment to the criminal law takes the unit as the subject of the crime and expands the scope of the crime.The punishment of culpability should be more suitable to distinguish the punishment of culpability from the punishment of social harmfulness.But by refusing to execute judgments or written orders crime judicial practice sentence carding,analysis and literature study,found that this crime legislation changes are still not perfect,still not to the "serious" individual interpretation,because of the"serious","if the circumstances are especially serious" standard status unknown cause sentencing imbalance in the judicial practice,the legal punishment for low rate,in a difficult.In order to effectively solve the problems of the application of the crime of refusal,it is necessary to perfect the legislation and judicature.In this article,through the method of empirical analysis,from the practice of sentencing irregularities found in judicial practices reflects the lack of legislation and the selection of four provinces local judicial interpretation of the crime of refuse of board,together with the present situation of refuse of crimes in our country apply proposed explicitly "serious","if the circumstances are especially serious" judgment standard,and improve the plot in the position in penalty discretion and the improvement of the flow in a channel.Through the above analysis,the author hopes to perfect the problems caused by unclear legislation in the process of judicial application of the crime of refusal,so as to achieve the effect of judicial justice.