以拒不执行判决、裁定罪为切入点论宪政的形式合理性

The Form Reasonablity of Constitutionalism——On View of the Crime of Refusal of Judgment

拒不执行判决、裁定罪以其作为众多部门法的交界点的独一无二的地位,借助于刑法之力将刑法和民法、经济法、宪法、行政法及诉讼法紧密结合在一起,构成一个完整严密的法律体系,因此体现出独特的宪政价值。对于裁判的尊重不仅是刑事法问题,更是关乎一国法治地位的宪政问题,为此选择形式合理性应是逻辑的必然。

The crime of refusal of judgment is unique in criminal law because of being the junction of different laws. By way of criminal law, it coheres criminal law, civil law, economic law, constitutional law, and administrative law tightly and makes them one whole law system, so with the special constitutionalism value. The respecting of judgment is not only a question of criminal law, but a question of constitutionalism as well. It is nature to choose the legality.