论拒不执行判决、裁定罪的犯罪构成之改革

On the Reform of Constitution of a Crime of Refusing to Execute Judgments or Orders of People's Court

拒执罪以立法形式出台以来,虽对"执行难"的情况起到了一定的遏制作用,但由于在犯罪对象、犯罪行为、犯罪主体等构成要件方面存在重大立法缺陷,致使执行实务中适用此罪的情形尚不多;在"诚信守约"的社会风尚遭到严重破坏的新时代背景下,除保护其法益之外,拒执罪的任务还应包括保护"社会信用";拒执罪应以保护"人民法院判决、裁定的正常执行活动和人民法院判决、裁定的权威性"和构建"社会信用体系"为改革方向,以与其他相关的社会信用体系的法律制度形成动态衔接为改革方法,从犯罪对象、犯罪行为和犯罪主体三个方面对犯罪构成进行改革,从而改善本罪的适用状况、推进社会信用体系建设。

Although ＂ difficulty in implementation＂ has been curbed to a certain extent since Refusing to Execute Judg- ments or Orders of People＇s Court was enacted in the form of legislation, the application of this crime in practice is not much because of the existence of significant legislative defects in constitutive requirements including target of a crime, criminal behavior and subject of crime~ In addition to protecting its legal interest, the task of this crime should also in- clude the protection of ＂ social credit＂ under the background of the new times in which the social climate of ＂ honesty and trustworthiness＂ has been destroyed seriously. In order to improve the status of application and promote social credit sys tern construction, the constitution of crime should be reformed according to the direction of the reform, which is protection of ＂ the normal activities of execution and authority of the judgments or orders of people＇s court＂ and building ＂ social credit system＂, and the methods of the reform is to form the dynamic cohesion with other related legal systems of the society＇s credit system.