Research On Judicial Application Of "serious Circumstances" In Refusal To Execute Judgments And Verdicts

In today's society,the phenomenon of evading execution and ignoring judicial judgment is constantly prohibited.Clarifying the conviction standard and sentencing rules corresponding to the "serious circumstances" of refusing to commit a crime is conducive to improving the application rate of refusing to commit a crime and maintaining judicial authority and social integrity.In this paper,the first and second chapter based on refuses to execute the judgment or written order of sin "serious" the status quo of the legislative interpretation,judicial interpretation and judicial practice of the actual situation,found that refuses to execute judgments or written orders shall apply to sin the standard of "serious" is not clear,some common refuse to perform difficult to according to the stipulations of the existing legislative interpretation,judicial interpretation as "serious",Refusing to execute the judgment,ruling the severity of the crime does not match the seriousness of the case and the criminal judgment of refusing to execute the crime is not sufficient for the reason of the seriousness of the case.In this regard,the third chapter of this paper analyzes the different plot elements based on which the severity of the plot is determined from the perspectives of legal interest,behavior and result,and how these plot elements affect the evaluation of the severity of the plot of the refusal to execute.Among them,the frequency of fine detention can affect the evaluation of the severity of circumstances,but it cannot be used as the boundary between crime and non-crime alone,while the length of time of refusing to execute and the amount of improper expense can be used as the basis of judging whether it belongs to the "severity of circumstances" in Article 313 of Criminal Law alone without combining with other circumstances elements.Finally,it is proposed to add the specific amount standard of the negative nonperformance that meets the specific conditions and the ability to carry out the refusal to carry out to the provisions of the judicial interpretation of the crime of refusing to carry out the judgment or ruling on the seriousness of the circumstances.In order to improve the identification path of the serious circumstances of the crime of refusing to execute the judgment or ruling,"the repayment of the debt not determined by the judgment or ruling makes the judgment or ruling impossible to be executed,except the repayment of the debt guaranteed by the debtors and the construction money used to pay the workers' wages and materials" should be included in the judicial interpretation.On this basis,the paper puts forward the severity of different circumstances that should be distinguished when sentencing,and tries to comprehensively analyze the severity of different circumstances in order to pursue the balance of crime and punishment.In view of the irregularities in the judgment documents of the crime of refusing to execute the judgment or ruling,it is suggested to standardize the quotation and expression of the legal articles and strengthen the reasoning and interpretation of the law for serious circumstances.