Research On Judicial Disputes About Refusing To Execute Judgments Or Orders Of People’s Court

In recent years,the problem of "difficult to implement" has aroused many concerns and it has been difficult to be really solved.When it develops to the stage of judgment and the execution,the breach of contract no longer effects social morality,but also effects the judicial credibility and authority of the state,which damages the legitimate rights and interests of the obligee.As the last line of defense of the criminal law to supervise and punish the refusal of execution,it is very important to safeguard the legitimate rights and interests of the right holder and the normal execution order of the people’s court.Although the state has repeatedly issued relevant laws and regulations,legislative interpretation and judicial interpretation,it is difficult to apply to the reality and lowers the frequency of application when applied to judicial practice because the content of the article of the crime law is relatively simple,the description of the crime is unclear and the circumstances are enumerated in general terms,and the specific standard matching the complicated and diverse cases in judicial practice is lacking.Therefore,this paper will make an in-depth study on the connotation of "ability","refusal to enforce","serious circumstances","especially serious circumstances",etc.,and try to explore the specific applicable standards in order to meet the needs of judicial practice.This paper is divided into five parts: introduction;study of the connotation of judgment and orders,research on the cognizance standards of execution ability and refusal to execute,logical dilemma of the limitation of recourse and the execution of penalty.In the introduction,the author expounds the background,research value and significance of this paper,literature review,main research methods and innovations and shortcomings,which lays a good foundation for the in-depth study of the article.The first chapter is the analysis of range of judgement and adjudication.It is an analysis of the scope of the object of crime.The judgment and orders of this crime should have certain limits by expounding the three characteristics that constitute the object of crime.The scope of judgment and orders can be defined from three aspects:civil,criminal and administrative.Simultaneous payment order,the conciliation statement itself should be interpreted in accordance with the meaning of the text.The efficient of judgement and orders may be complex.The second chapter is about the identification standard of the precondition of refusal to execute.This part focuses on the analysis of the standards of "ability to execute" and "refuse to enforce" in combination with the case.The author believes that the time of determination of "ability to execute" should be from the date when the judgment takes effect and the parties to the case know or should know.The cognizance of the execution ability of the executed person should be analyzed in the light of the specific circumstances of the case,and the ability and the realistic possibility of the performance of the obligation should be considered.The nature of the act of "refusing to enforce" should be omission.The third chapter is the consideration of the severity.In this part,the author makes an in-depth study on the problems of "serious circumstances" and "especially serious circumstances" in practice,combining with the relevant provisions and judicial jurisprudence of various localities.The determination of "serious circumstances" may specifically consider the risk coefficient of the act,the severity of the damage.The degree of damage to the interests of the applicant and the threat to the authority of the people’s court should be taken into account as a whole,and the influence of society should be taken into account as a whole.The criteria for "particularly serious circumstances" may be based on "serious circumstances",based on the manner,method and severity of the refusal,the number and duration of the refusal,the amount of the subject matter of the refusal,the penalty imposed,number of detentions,with corresponding quantitative provisions.The fourth chapter is the logical dilemma of the statute of limitations and the execution of the penalty.This part introduces the logical dilemma of the limitation of prosecution and the execution of penalty,specifically involving the criminal form,the starting point of the action and the problem that the obligor still refuses to execute after the execution of the penalty.Finally,the author gives the preliminary countermeasures and suggestions to solve the problem of execution difficulty.The author thinks that this crime is not only a crime of circumstances but also a continuous crime.Its criminal act has a continuing state,which should start to calculate the time limit of prosecution from the end of the criminal act and from the time the execution obligation of the criminal act is started.The time point from the limitation of action for this crime may be from the time when the people’s court takes compulsory measures to enforce the performance of obligations by the obligor.In view of the problem of the compulsory person continuing to refuse to carry out the punishment after the execution of the penalty,the criminal investigation should not be carried out in cases that have been convicted and sentenced.The people’s court may once again put pressure on the executed person through judicial coercive measures,compelling the obligor to perform his obligations.To resolve the problem of "difficulty of execution",we should start from the society and the authority and let the internal and external form a joint force to promote the solution of the problem.