Empirical Study Of Conviction And Sentence On Crimes Of Refusal To Satisfy Judgment Or Ruling

How to cope with the refusal to satisfy judgment or ruling and whether it can effectively deal with the old problem of " difficult to execute" is the common concern and expectation of theory and practice.Existing research focuses on the theoretical part of refusing to satisfy judgment or ruling,and lacks the necessary attention to its judicial practice.Therefore,it is necessary and sufficient to explore how the actual factual state of the crime and whether it can effectively contribute to the solution of the "difficult to execute" problem.As a consequence,the big date empirical study will be applied in the paper,taking the 2019 cases in which parties concerned refuse to satisfy judgment or ruling,to objectively and directly reflect the current judicial practice via the descriptive statistics,binary logistic regression analysis and multiple logistic regression analysis of the samples,including conviction and penalty applications.Meanwhile,integration of practice will be studied by combining the theoretical study with a view of finding out existing issues in the practice and attempting toiterating the conviction and the penalty on crime of refusal to satisfy judgment or ruling.The paper includes four parties,except introduction and conclusion,including:The first part is about the basic situation of cases in which judgment and adjudication of the refusal to satisfy judgment or ruling,such as introduction of distribution of level of trial,composition of subject of crime and effect of sin about such crime,and overview of descriptive statistics,binary logistic regression analysis and multiple logistic regression analysis applied in the paper.The second part will organize theories and practices on the conviction,then analyze the integration between them.Theoretically,the core discussion will be the objective of the crime,such as " be capable to execute"," refuse to implement" and "serious cases",in addition,the current hot debate also includes object of crime and time to count.It was found from the data collection about the conviction that: Some defendants who are able to execute will be accused of the crime in practice.As for serious cases,the court will judge based on the comprehensive conviction standard;and some courts will expand the application range of the object of the crime;and the integration between theory and practice for "refusal to satisfy judgment or ruling" behavior is high,however the identification for "time to count" was not involved in most judgments.Part III.Studied the effects of independent variables to applicable criminal penalties by logistic regression analysis.The analysis results of big data showed that: the executive ability had a significant negative influence on the impositionof penalty and the degree of performance after being investigated had a significant positive influence on applicable detention.Having these two conditions-active refusing to the implementation without penalties and detention and that with penalties and detention-was easier to receive an applicable fixed-term imprisonment.The degree of performance after being investigated and the main circumstances of sentencing like voluntary surrender,confession,understanding,guilty admittance and punishment admittance had a significant positive influence on the applicable probation.Part IV.Conclusions and reflections.Firstly,based on the foregoing studies,harmful trends appearing in judicial determination were summarized,including disorderly logical steps in the determination of objective elements,inconsistent incriminating degrees for refusing the declaration of properties and low resort trends existing in the determination of severe cases.Secondly,recognized standard and logic of conviction elements were reiterated.The determination of objective elements shall be conducted step by step and detail by detail.Finally,the applicable standards of criminal penalties were restated.Only appearing this circumstance that the defendant fulfilled all obligations after being investigated and reached a settlement agreement with the litigant,can an applicable impunity be considered firstly.Once having any violence refusing to implement,an applicable fixed-term imprisonment shall be considered.Although the penalty is similar to the applicable conditions for exemption from punishment,it can be distinguished according to the level of "execution ability".On an equal basis,actors with partial execution ability are more likely to be exempted from punishment than those with full execution ability.