Exploration Of The Cognizance Of Anti-implementing Judicial Pronouncements Of People's Court

The issue of anti-implementing judicial pronouncements of People's Court" is one of the three major judicial problems in our country. There is an independent and completed provision about anti-implementing judicial pronouncement stated in the Article313of Criminal law. But the clause just summarizes the constitutive elements of the crime and scope of the judgment or adjudication is indistinct, thus it is difficult to identify if the corresponding action constitutes the crime with an accurate standard in the judicial practice.The Supreme People's Court and The National People's Congress committee successively issued the relevant judicial interpretation and legislative interpretation to clear some controversial problems, which has played a positive role in the judicial practice, and solved a series of doubts and controversies theoretically and practically. But, nonetheless, there still exist some disputes on this issue, such as "execution capacity","refusal of enforcement" and "gravity of the circumstances", which needs further discussion and resolution in response to the requirements of justice practice.Except the introduction, the text consists of five parts.The first part basically expounds the thesis of this article. According to the analysis about the data of typical cases, it generalizes the problems existing in the conviction, particularly in identifying "execution capacity","refusal of enforcement" and "gravity of the circumstances" with substantive law. Then mainly from the perspective of judicial practice, it analyzes the relevant provisions of the crime, as well as the boundary between this crime and the approximate charges.The second part proposes the concrete cognizance of the implement-enabling. It puts forward the solution of the implement-enabling issue in practice, that is, judgment or cognizance on the executive ability should be made with comprehensive evaluation of the time, the object, the content, and degree of the ability.The third part is concerned about anti-implement. Combining the diversity of the anti-implement characteristics, we can classify them into different types with diverse standards. Then, combined with the distinct object and the extent of violating, it respectively proposes the criteria to convict criminal in these crimes.The fourth part mainly introduces the "gravity of the circumstances". First, how to apply the provisions of impossible to implement with amount of subject and if the "gravity of the circumstances" from type analysis, put forward in practice to combine the specific case, with the consequences, behavior, amount, means and other aspects, and combining the behavior personal dangerousness to draw a comprehensive conclusion.The fifth part tends to determine the boundary between this crime and related charges. It compares the commonalities and distinction between this crime and the approximate crimes, including the murder, intentional injury, disrupting public service, sealing up, distraining or freezing the property illegally.