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Refused to the Execution of Judgement and Ruling of the Application of Research Pleadings

Author: XiangJin
Tutor: LiuJian
School: Hunan Normal University
Course: Legal
Keywords: Refusing to execute the judgment , ruled that the crime Prosecution Program
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 28
Quote: 0
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Abstract


Refusing to implement the judgment , ruled that the crime of start-up designed to combat the entry into force of the people's court judgment , ruled that the ability to perform but refuses to do , the circumstances are serious crimes , crack execution is difficult to provide a powerful weapon , but judicial practice The run is not ideal . Refused to execute the crime is rarely applicable on the one hand , on the other hand refused to execute the crime phenomenon , the formation of the most direct cause of this situation is to refuse to execute the crime prosecution program defects , only solve existing problems , in order to effectively improve refuse to execute the crime prosecution program implementation of legislative intent to refuse to execute the crime . This paper is divided into four parts . The preamble , a brief description of the reasons , according to the research methods of the topics . The first chapter, refused to implement the judgment , ruled that the legislative evolution of the crime prosecution program , and analysis in the evolution of the process of the formation of the three basic prosecution mode characteristics . The second chapter focuses on refusing to implement the judgment , ruled that the crime prosecution program set . Refused to execute the crime ' and pointed out that the standard is too high , the jurisdiction to set due to the violation of the basic principles of the Code of Criminal Procedure , the status of recourse procedures of courts fuzzy the prosecution program start difficult , lack of channels for relief of the implementation of the rights of the applicants science , program settings is cause to reject important reason sin enforcement prosecution rate is extremely low . The third chapter discusses refused to implement the judgment , ruled that the perfect way to the crime prosecution program , combined with our judicial practice improved way . Specifically , the scientific development of the standard of ' reasonable set ' jurisdiction , limited introduction of private prosecution system , accurately locate the position of court prosecution program , until the conditions are ripe for the establishment of a contempt of court .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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