Interpretation"The Standing Committee of the NPCOn article 313rd of the criminal lawInterpretation"

                  Authors: Fu Songmiao Release date: 2002-10-08 08:44:5 The people's court:

                  Http://www.chinacourt.org/html/article/200210/08/13243.shtml

   "Interpretation of the NPC Standing Committee on article 313rd of the criminal law" (hereinafter referred to as the "interpretation") to the following contents madeClearly defined:

   (a) "explain" definedRefusing to implement the decision, ruled that the crimeThe subject. Interpretation of the Supreme People's Court on the trial of 1998 "refused to implement the decision, ruled that several issues concerning the specific application of law case" (hereinafter referred to as the judicial interpretation in 1998) willRefusing to implement the decision, ruled that the crimeThe main restricted to the person subjected to execution, and "interpretation" is the subject of this crimeIncludes not only the person to be enforced, including execution secured the person to the court and assist in the implementation of the obligations. In addition, "interpretation"Especially pointed out,The work of state organsLibrarians and the person to be enforced, the guarantor, the person obliged to assist in enforcementPlan, useTheir power hinders the enforcement,Refusing to implement the decision, ruled that constitutes a crime.

    (two) "explain clearly"Refusing to implement the decision, ruled that the crimeThe object ofExtension. From the criminal law about refusing to implement the decision, ruled that the law can be seen in the object of crime, the crime is "people's court decision, ruling". The judicial interpretation in 1998, judgment, meaning specific decisions, not expansion, but on how to solve the problem of refusing to execute the payment order and the entry into force of the conciliation statement made no further description of the problem. And "interpretation" is a scientific answer to this question: article 313rd of the criminal law of the people's court verdict, ruling "",Refers toMake a people's court according to law with the implementation of the content andHave a legally effective judgment, ruling. The people's court order of payment, the entry into force of the mediation agreement, in order to execute the arbitral award, the notary documentAward to belong to the provisions of the order. Needs to be pointed out is, the people's court to make a rulingIncludeThe approval of the people's courtTaiwan areaThe ruling validity of court civil judgment and recognitionThe foreign courtMake a judgment, ruling orAbroadThe effect of the arbitration awards made by the arbitration organization and enforce rulings.

    (three) "explain" refined refused to implement the decision, ruled that the contents of the objective aspect of the crime. Article 313rd of the criminal law on theRefusing to implement the decision, ruled that the crimeThe objective aspect is the provisions of "the people's court, ruling ability to perform and refused to perform, if the circumstances are serious". "Explain" will"The ability to execute but refuses"An explanation for five cases, compared with the 1998 judicial interpretation, there are different: the first," explained "provisions, the person to be enforced, intentional destruction of property transfer, hidden"The ability to execute but refuses"Here, said the property,BothHas been the people's court for preservation of property,Also includesWithout limiting the rights of property. And in 1998 the judicial interpretation of the provisions, hidden, transfer, sale, damage has been sealed up, detained or have been inventoried and property shall be ordered to custody, property or transfer has been frozen, belong to "the ability to execute but refuses". At the same time, in order to protect by debetor the normal transaction, "explain" limit, only the free transfer of property, the unreasonable low price transfer property, is refusing to execute. Second, "explain" provisions, the guarantor or the person subjected to execution has been transferred to the people's court to provide guarantee property belonging to refuse to execute, transfer here, including free transfer, including the transfer, and the judicial interpretation in 1998 only relates to transfer (Bian Mai); third, "added two specific circumstances no 1998 judicial interpretation interpretation", i.e.:The person obliged to assist in enforcementThe people's court after receiving a notice for assistance in execution,Refusing to assist in execution; the person to be enforced, the guarantor, the person obliged to assist in enforcementPlan and staff of state organs, useStaff of state organsAuthority hamper the execution. The latter caseMainly refers to the leadership of paper, greeting, hinder the people's court according to law enforcement, intervention. Fourth, "interpretation" is not to be executed by violence, threats, obstacles or resist the implementation as refusing to execute the case. As can be seen, the legislative interpretation organ that, by violence or threats, obstacles or resist the execution belongs to the crime of obstruction of official business. And in 1998 the judicial interpretation of the provisions, obstructing or resisting execution by threat of violence, make trouble out of nothing and other means, the execution of the work can not be carried out or cause serious consequences, be refusing to implement the decision, ruled that the crime.

    In addition, "interpretation"Including several issues not involved and not clear:

    (a) the guarantor outside the third person will become refused to comply with the judgement, crime subject. For example,The person to be enforced to the third party due creditor's rightsThe people's court, issued to the third performance of debts due notice, third people not only raises no objection, don't perform, at the same time there are hidden, transfer, intentional destruction of property or the free transfer of property, which is obviously unreasonable low price transfer of property, the people's court without law execution of people enjoyed its maturity creditor's rights. Also, for use in,LeasingContract relationshipOccupy the debtor's propertyThe people's court for compulsory execution, that the debtor's property, with no execution plan under the condition of the possession, use, transfer the hidden in the debtor's property,The decision, ruled that cannot be executedWait. In such a case, whether by refusing to implement the decision, ruled that the charges against third people convicted and punished, "" no clear explanation,The author thinks it can.

    (two) as a decision, the execution of legal persons or other organizations of the people's court ruling ability to perform and refused to perform, if the circumstances are serious, how to deal with the problem. According to the criminal law, the unit can not be refused to implement the decision, ruled that the subject of the crime, but in practice the unit refused to implement the decision, ruled that a lot of. The author thinks, legal persons or other organizations of the people's court, ruling ability to perform and refused to perform, if the circumstances are serious,Shall be investigated for criminal responsibility of the personnel directly in charge and other directly responsible personnel. (end)