What are the main contents and principles of the Supreme Court's refusal to implement the New Deal? In the case of non-enforcement cases, the court mainly follows the following three principles: linking to legality; Ensure that the interpretation conforms to the trial and objective reality; It reflects the modesty of penalty and the policy of mercy. The main content of this paper is embodied in four aspects. The following is detailed in this paper by law express.

Article 313 of the criminal law of the People's Republic of China prescribes the crime of refusing to carry out the judgment or order. The standing committee of the National People's Congress, the supreme people's court, the supreme people's procuratorate, ministry of public security has been in the form of legislative interpretation, joint notification, the specification have been carried out about the applicable law of the problem, but with the development of the situation, in the practice of the person subjected to execution or related personnel to avoid execution, resist the means and ways of execution more concealment, diversity, need refuses to execute the judgment or written order in the prosecution procedure and applicable condition of sin further refinement and improvement of timely introduced the corresponding judicial interpretation, so as to adapt to the needs of the crime.

The Supreme Court will judge the principle of non-execution of the case

The supreme people's court, in its drafting of the interpretation of several issues concerning the application of the law to adjudicate the application of adjudication and adjudication of the application of criminal cases, mainly grasped the following principles:

One is to ensure that the relevant provisions comply with the legislative spirit and fully consider the relevant provisions of the existing legislation and the forthcoming amendments to the criminal law amendment (ix).

The second is to give consideration to the laws and characteristics of criminal trial and implementation, and ensure that the interpretation conforms to the actual work of the trial and implementation.

The three is to fully embody the modesty and leniency of the punishment and the criminal policy of leniency, and strictly enter into the conditions of the crime, and make clear the circumstances of leniency and heavier punishment.

The Supreme Court refuses to implement the main contents of the case

(I) further clarify the specific situation of "serious situation" stipulated by the criminal law

Accountable for the rules people have the ability to execute and implement one of the three kinds of eight behavior, shall be deemed as to the standing committee of the National People's Congress on the < criminal law of the People's Republic of China > the interpretation of article three hundred and thirteen of the specified in the "other has the ability to perform and refused to carry out, if the circumstances are serious situation".

The first category is "after the adoption of compulsory measures such as fines and detention".

The second category is "the people's court judgments or written orders rendered unenforceable or perform work is impossible", including "by violence or threat obstructs a personnel enter the site or group schoolroom, impact to perform live" and "happen" under the nose of the judge's refusal to execution.

The third category is the situation where creditors suffer significant losses.

(2) the applicable conditions for the circumstances of the punishment are specified

Rules to the application for enforcement for vulnerable groups of cases involving people's livelihood implementation, such as application to perform maintenance, maintenance, tending, pension, health care costs, labor compensation and other ruling, the person subjected to execution refused to carry out the case constitutes a crime, the fine may be given a heavier punishment according to the circumstances.

At the same time, in order to encourage the defendant to perform the legal obligations specified in the judgment or written order, make actual execution of the execution case, in before the first-instance judgment, who shall have the obligation to perform all or part of executing duty, while greater discretionary punishment sentencing, including may be given a lighter punishment or be exempted from punishment.

(3) it stipulates that some cases of non-execution and adjudication of crimes may be pursued in accordance with the procedures of self-prosecution

In 1979, the criminal law will refuse to carry out judgment, adjudication, and obstruction of public service. In 1998 the supreme people's court, the supreme people's procuratorate, ministry of public security, state security, justice, legal work committee of the NPC standing committee jointly issued the "on the implementation of the criminal procedure law and the regulation of several issues" have specific provision, refuses to execute the judgment or written order crime belongs to the public prosecution, but the criminal procedure law revised in 2012, the "six ministries and commissions" to make the regulation of some issues concerning the implementation of the criminal procedure law ", the refuse of sin whether belong to the public prosecution case not clear.

To crack down on the crime of refuses to execute the judgment or written order to adapt to the needs of the, this interpretation stipulates that refuses to execute the judgment or written order crime cases in conformity with the requirements specified in paragraph 3 of article two hundred and four of the criminal procedure law, the people's court may, according to a case of private prosecution cases accepted. At the same time, according to the provisions of article 206 of the criminal procedure law, the private prosecutor may settle or withdraw his own complaint with the defendant before the sentence is made. Thus, the procedure for refusing to carry out the judgment or adjudication of crimes is changed from a single public prosecution procedure to a procedure of prosecution and self-prosecution.

(4) the general principle of jurisdiction for the refusal to carry out the judgment or the crime of conviction shall be stipulated

This interpretation stipulates that a criminal case shall not be executed and the criminal case shall be ruled by the people's court where the court is located. In accordance with the provisions of the criminal procedure law and its explanation criminal cases shall be under the jurisdiction of the court, be including crime occurred and the result of a crime, and refuse to perform as the main result is that the judgments or written orders can't perform, execute the court is located can range into the result crime effectively.

Clear, therefore, usually refuses to execute the judgment or written order crimes by execution by the court of the place where a court case, conform to the law, also is more advantageous to refuses to execute the judgment or written order crime evidence collected, fixed and prosecution procedure. If it is more appropriate to hear the hearing of other competent courts, or if it has jurisdiction over disputes, it shall be dealt with in accordance with the provisions of the law.