On The Determination Of "Executive Ability" Of The Crime Of Refusing To Execute Judgment And Ruling

"Difficult to prove" and "difficult to execute" and the "retrial difficult" expression of the concept of law are similar,but strictly speaking "enforcement difficulty" is not a legal concept,but a legal phenomenon,the causes of this phenomenon appears complex,including judicial quality is not high,enforcement is not strong,the person subjected to execution settlement of enthusiasm is not high.Because trial and execution are subject to limited judicial power,and China’s judicial power can not grow in a short time,so in the current situation,in order to effectively solve the problem of "difficult to execute",it is necessary to start from the subject of execution,it is necessary to focus on the "old lai",The premise of identifying a person subject to enforcement as a person subject to trust-breaking is that he "refuses to execute when he has the ability to execute",so it is necessary to conduct detailed research on the identification of "ability to execute".Through analysis of typical judicial cases study found that lead to refuses to execute the judgment or written order of sin "executive function" that appear there are three main reasons of difficulties: first,the judge "executive function" time node is not unified,the main can be divided into "executive function" judgment time node and transfer property time node,two subproblems.Secondly,part of the connotation of "executive ability" is not clear,mainly reflected in similar cases,the same is unable to perform all the obligations of the judgment of the subject,because of the exercise of the court’s discretion,but made completely different judgment results.Finally,the nature of recessive property is unclear,mainly for although in the judgment made by the judicial organ,the necessity of paying attention to the issue of recessive property has been emphasized,but in the legislation about the nature and characteristics of recessive property is still blank.For the determination of "executive function" problems,put forward the perfect Suggestions: first,the "executive function" that related to the time node to set reasonable,change the time of the original set node,to set the "ability to execute the judgment of the" time to litigation at the beginning of the "executive function" clear specification of the judgment time node.Secondly,the provisions on part "executive ability" are added to define the connotation of part "executive ability" and the identification standard of part "executive ability".Finally,cognizance standard of invisible assets is clear,such as the generation of stock by canonical form has a track record of recessive property categories,clear,in the assets of the recessive category on the basis of the elaboration,the cognizance of the assets of the recessive manner,follow up the online property query system and the establishment of the clues hidden property reporting system,build form a complete set of recessive property tracing mechanism,In order to be subjected to execution of the recessive property for in-depth investigation.