拒不执行判决、裁定罪司法适用实证研究——以229起典型案例为样本

Empirical Study on the Judicial Application of the Crime of Refusal to Execute Judgments and Rulings—Taking 229 Typical Cases as Samples

摘要: 拒不执行判决、裁定刑事案件的整体特征主要表现为：自诉案件占有一定地位且大多数为自然人犯罪；被告人普遍存在转移财产的行为，并且有相当数量的被告人在判决前履行完毕；极少被告人仅被判处罚金，拘役和有期徒刑的判决结果总体偏轻。根据统计分析，拒不执行判决、裁定罪的适用具有促进执行的作用，量刑基本符合规范化要求，但实践中仍然存在问题：易忽视被害人所受到的影响；对案外人犯罪的重视度不足；在具有不法程度更高的情节时，量刑并未相应从重；缓刑适用较为宽泛。结合实践现状，2024年两高《关于办理拒不执行判决、裁定刑事案件适用法律若干问题的解释》存在值得肯定之处，但仍需进一步完善从重和加重处罚情节的类型化规定，并对拒执数额问题予以分级处理。

Abstract: The overall characteristics of criminal cases of refusal to execute judgments and rulings are primarily manifested as follows: private prosecution cases occupy a certain position and most of them involve crimes committed by natural persons; defendants generally engage in acts of transferring property, and a considerable number of them fulfill their obligations before the judgment; very few defendants are only sentenced to fines, and the sentences of criminal detention and fixed-term imprisonment are generally lenient. According to statistical analysis, the application of the crime of refusing to execute judgments and rulings has a role in promoting execution, and the sentencing generally meets standardized requirements. However, there are still problems in practice: the impact on victims is often overlooked; insufficient attention is paid to crimes committed by outsiders; when there are circumstances with higher levels of illegality, the sentencing is not correspondingly severe; and the application of probation is relatively broad. Considering the current situation in practice, the “Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Refusal to Execute Judgments and Rulings” by the Supreme People’s Court and the Supreme People’s Procuratorate in 2024 has its commendable aspects, but further improvement is still needed in terms of typifying provisions for aggravating and heavier punishment circumstances, as well as implementing a tiered approach to addressing the issue of the amount of money involved in refusal to execute judgments.