拒不执行判决、裁定罪司法认定问题研究

A Study on the Judicial Determination of the Crime of Refusing to Execute Judgments and Rulings

摘要: 2016年最高人民法院院长周强提出用两到三年时间，基本解决执行难，随后各地法院纷纷开展了打击拒执犯罪的专项运动。专项运动大大提升了拒不执行判决、裁定罪(简称“拒执罪”)的适用，同时，拒执罪在司法认定过程中存在的判决、裁定的范围不清，“有能力执行而拒不执行”的认定不统一等弊端也逐渐显露出来。准确适用拒执罪，不仅要科学地界定犯罪对象的范畴，统一认定标准，同时需要遵循刑法谦抑并依据法理综合分析，增强法院人员的执法观念，真正实现天理、国法、人情的有机统一。

Abstract: In 2016, Zhou Qiang, president of the Supreme People’s Court, proposed to basically solve the problem of enforcement within two to three years. Subsequently, local courts have launched a special campaign against the crime of refusing to enforce. The special campaign has greatly improved the application of the crime of refusing to execute the judgment and order (referred to as “crime of refusing to execute”). At the same time, the scope of the judgment and order existing in the judicial identification process of the crime of refusing to execute is not clear, and the drawbacks of the identification of “having the ability to execute but refusing to execute” are gradually revealed. To accurately apply the crime of refusing to hold, we should not only scientifically define the category of the object of crime and unify the identification standard, but also follow the modesty of criminal law and comprehensive analysis of jurisprudence to enhance the law enforcement concept of court personnel, and truly realize the organic unity of nature, national law and human.