Research On The Application Of Refusal To Execute Judgments And Verdicts

"Difficulties in enforcement" is a prominent problem faced by Chinese courts.The crime of refusing to execute judgment or ruling(referred to as "the crime of refusing to execute"),which provides the protection of the coercive power of criminal law,has increasingly highlighted its role.The composition of the crime of refusing to execute judgments and rulings has experienced a tortuous development process.However,as the last line of defense to maintain the judicial credibility of the effective judgment of the people’s courts,the incompatibility between crime and punishment is still very prominent in reality.This paper mainly collects the relevant case data handled by the courts at all levels in Guangdong Province,which is the largest province in the country’s economy,from 2015 to 2020,sorts out the handling results of these cases and the causes of the problems,and finds that there is still a lack of uniform conviction and sentencing standards for the determination of the crime of refusing to execute in practice,and the applicable ratio is low;It is difficult to transfer the case for investigation,and it is difficult to identify it;All sectors of society have not formed a joint force and it is difficult to obtain evidence;There are defects in the setting of prosecution procedure,and it is difficult to prosecute.Then,this paper puts forward some suggestions,such as adjusting the standard of fact determination,perfecting the rule of law basis of refusing to execute judgment and ruling,perfecting the mechanism of criminal prosecution,and strengthening the construction of private prosecution system.It is hoped that the suggestions in this paper can contribute to solving the problem of "difficulties in execution" of judicial work in China and safeguarding judicial justice and the authority of the rule of law.