Dilemma In The Application Of The Crime Of Refusing To Execute A Judgment Or Ruling And Legislative Improvemen

At present,The judgment rendered in accordance with the law is not up to execution that has become a social phenomenon of general concern,it not only infringes the legal rights of the successful applicant,but also leads to the challenge of the judicial authority and credibility of the court.China’s legislature has closely followed the social ills of the masses,and through criminal legislation has continuously improved the refusal to carry out sentences and adjudications,hoping to crack down on the denial of execution by imposing severe sanctions from the criminalization of criminal offenses.At present,in practice,refusing to carry out execution is a variety of ways,hidden means,how to accurately grasp the elements and sentencing circumstances put forward new requirements.At the same time,the legal provisions of this crime are more general and abstract,resulting in the low application rate of this crime in judicial practice,insufficient investigation.The research and discussion of this crime is also from the perspective of difficult execution,the use of criminal law-related knowledge,as well as their own understanding of the crime,closely follow the current judicial practice status quo,from the low rate of application of the crime,vague standards of conviction,"administrative punishment and implementation" excessive invasion of judicial power,sentencing determination and the application of penalty standards.The author learns more about the current criminal legislation that refuses to enforce the judgment and adjudicate the crime,including the relevant provisions of the Criminal Law,the current legislative situation of this crime has a comprehensive and in-depth understanding and grasp.Through the research,we hope to provide some help and enlightenment to the perfection of legislation that refuses to enforce the judgment and adjudicate the crime.