Research On Prosecution Of Refusing To Execute Judgments Or Orders

Law enforcement difficulty is a chronic illness in civil enforcement.Crime of Refusing to Execute Judgments or Orders has played an important role in alleviating difficult enforcement,but there are still certain obstacles in judicial practice.The Provisions on Several Issues in the Implementation of the Criminal Procedure Law of the People’s Republic of China issued by the six ministries and commissions in 1998 clarified the application of public prosecution procedures for the refusal to execute judgments and rulings.However,in judicial practice,due to the imperfect communication and coordination mechanisms of Public Security Organs,Procuratorates,and Court,the understanding of the constitution of crimes and the grasp of specific case evidence are not consistent,which has led to Crime of Refusing to Execute Judgments or Orders to remain dormant in criminal law.In order to effectively solve the problem of law enforcement difficulty,the Supreme People’s Court issued the Interpretation on Several Issues in the Application of Law in the Trial of Crime of Refusing to Execute Judgments or Orders.The procedure for prosecuting crimes can be applied to the public prosecution to private prosecution.Although the Interpretation provides a new basis for the handling of private prosecution cases of refusal to commit crimes,there are still many limitations and problems in judicial practice.The full text conducts research from the perspective of Crime of Refusing to Execute Judgments or Orders in judicial practice,and discusses it from three parts.The first chapter,through data analysis,leads to the status quo and problems of prosecution procedures for Crime of Refusing to Execute Judgments or Orders.The second chapter makes an in-depth analysis of the existing problems,and finds the reasons why the prosecution procedure of Crime of Refusing to Execute Judgments or Orders is currently in trouble.It mainly includes the lack of linkage of the public prosecution law;the predicament of the public prosecution procedure is mainly due to the misplaced role of the court,the starting point of the prosecution is not clear,and the case transfer standards are vague;It is easy to fall into a dilemma where the defendant cannot be found.The third part puts forward perfect opinions on the above issues.Clearly legal interest infringement of Crime of Refusing to Execute Judgments or Orders,crack down on misconceptions of public prosecutors,improve the enforcement mechanism and increase the means for the court to find clues to enforcement.By transforming the initiation of Crime of Refusing to Execute Judgments or Orders prosecution procedures,the court has stepped out of its role misunderstanding and proposed corresponding solutions to the problems encountered in public prosecution and private prosecution procedures.Finally,we will explore the direct adjudication without sessions and improve the prosecution procedure for Crime of Refusing to Execute Judgments or Orders.