Several Problems In Judicial Determination Of Refusal To Enforce Judgement Or Ruling Crime Research

During the 3-year period of the special work of "basically solving the problem of enforcement in 2 or 3 years",74.53 percent of the first-instance sentences handed down of similar judgments in the five years.By cracking down on the non-enforcement of judgments and ruling crime,it has provided a good help for the basic solution of difficult implementation,and the implementation of effective legal instruments has been improved.However,in recent years,refusal to execute judgments and rulings that fail to implement effective legal instruments has continued to rise.Although,Chinese relevant laws and regulations have regulated this,it still cannot cope with the changes in the social and judicial realities facing the environment.By summing up the problems found during the special work,summarizing the actual circumstances of refusal to execute judgments and ruling crimes,the judicial judgment of this crime in Inner Mongolia,and nearly 40% of these new types of objective behaviors.It also analyzes several issues in the judicial determination of the characteristics of the elements of this crime,and puts forward specific and perfect suggestions.The thesis is divided into five parts: Introduction,Analysis of Realistic Environment,Objective Manifestation of New Behavior,Analysis of Judicial Cognizance and Exploration of Perfect Path.The first part is the introduction,which briefly describes the background,significance of the research on refusal to execute judgments or ruling crime,the related research review,research methods and innovations.The second part is the analysis of the actual environment of Chinese refusal to execute judgments or ruling crime.There are two aspects to the analysis of the existing constraints by summarizing the problems in the special work: one is the social environment including social credit system construction,case acceptance and new refusal to enforce judgment,the other is the legal environment including criminal law provisions,sentencing discretion and the positive impacts of enforcement legislation.The third part is about the analysis of the objective manifestation of the new refusal to execute judgments or rulings crime.It discusses the qualitative of the new criminal behavior with cases,and defines its judicial determination based on the existed laws and rulings.The fourth part is to analyze the difficult problems in the judicial determination.Clear the influencing factors of the constitutive element characteristics in judicial determination for the time from which the crime was constituted,the ability to perform and the serious circumstances of the crime.And probe into the adverse impact of penal discretion on the judicial determination of the crime combining with analysis of the crime cost.The fifth part is about to explore a path to perfect refusing to enforce judgments or rulings crime in China.Propose targeted solutions for the deficiencies in the Chinese legal regulation level of the crime.This thereby will improve the judicial determination of this crime and provide a strong guarantee for improving the judicial credibility.