How to write a complaint for the crime of refusal to execute a private prosecution? 30

1. If the victim is unwilling to sue, the case may not be filed, and the perpetrator will not be pursued.

2. The Criminal Procedure Law of the People's Republic of China stipulates that there is a private prosecution system. The people's courts are to directly accept all cases that are handled only after complaint is complained and other minor criminal cases that do not need to be investigated. The victim or his legal ** person may file a complaint directly with the court.

According to the provisions of the Criminal Law, the cases handled by the complainant include the crime of openly insulting and defaming others, the crime of violently interfering with the freedom of marriage of others, and the crime of abusing family members with heinous circumstances. Minor criminal cases that do not need to be investigated refer to minor criminal cases such as the crime of minor injury, the crime of refusing to carry out the effective judgment and ruling of the court, the crime of bigamy and the crime of refusal to support.

According to the Criminal Procedure Law of the People's Republic of China, a private prosecutor may settle with the defendant on his own, have a mediation committee mediate, or withdraw the private prosecution before the verdict is announced. People's courts shall try cases where the facts of the crime are clear and the evidence is sufficient, and may also conduct mediation.

Court mediation has the force of law. If there is a lack of evidence or the conduct does not constitute a crime, the private prosecutor should be persuaded to withdraw the private prosecution, or a decision should be made to dismiss it. The defendant in a private prosecution case may file a counterclaim against the private prosecutor.

The trial of private prosecution cases is to be conducted by a single adjudicator. People's procuratorates generally do not have to send people to attend trials. If a court discovers a case that should be prosecuted by the procuratorate, it shall transfer it to the procuratorate for investigation and prosecution.

Refusal to execute the judgment, how to write a criminal private prosecution for the crime of Huai false verdict? ? Article 313 of the Criminal Law provides for the crime of refusing to enforce a judgment or ruling. The private prosecutor strongly demanded that he be investigated for criminal responsibility and that he be ordered to bear all the economic losses caused to the private prosecutor.

Private prosecutor: Name, gender, date of birth, ethnicity, place of origin, occupation, work unit and position, address, etc.) Defendant: Name, gender, etc., if the date of birth is unknown, age may be written) Cause of action:

The charges against which the defendant was charged) Specific claims: Facts and reasons: The time, place, object of the offense, motive, purpose, circumstances, means, and consequences of the defendant's crime, and the reasons should state the charges and legal basis for the defendant's crime.

Evidence and Evidence**, Names and Addresses of Witnesses; The main evidence and its **, the names and addresses of the witnesses. If the evidence and witnesses have already been stated in the facts section, only the name of the evidence and the detailed address of the witness need to be indicated here. Sincerely, the People's Court of Private Prosecutors:

Scrivener: Year, Month and Date Attached: Is it easy to understand this explanation of the deputy of this lawsuit?

Legal Analysis: The crime of refusing to enforce a judgment or ruling refers to the heinous act of refusing to enforce a judgment or ruling of a court or court when it is clear that it is capable of enforcing it. The act may cause more harm and damage to the victim, in which case the victim can write a criminal private prosecution and submit it to the court to pursue the criminal responsibility of the other party.

Legal basis: "Criminal Law of the People's Republic of China" Article 313:Where a people's court's judgment or ruling is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Yes, the person applying for enforcement may file a private prosecution with the enforcement court if the person subject to enforcement is suspected of the crime of refusing to enforce a judgment or ruling (hereinafter referred to as the crime of refusing to enforce a judgment or ruling), and there is evidence to prove that the public security organ or procuratorate did not accept the materials or did not reply for more than 15 days. Article 313 of the Criminal Law: Refusal to Enforce a Gao Chamin Judgment or Ruling Refusing to enforce a judgment or ruling of a people's court if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the personnel directly responsible for the management of the main sail and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Refusal to Enforce Judgments or Rulings" 6868 In any of the following circumstances, a person who has the obligation to enforce a judgment or ruling of a people's court shall be found to be an act of refusing to enforce a judgment or ruling of a people's court with "serious circumstances":(1) Concealing, transferring, selling, or destroying property that has been sealed or seized in accordance with law, or that has been counted and ordered to be safeguarded, or transferring property that has been frozen, after the people's court has issued a notice of enforcement; making it impossible to enforce a judgment or ruling; (2) Concealing, transferring, selling, or destroying property that has been provided as security to the people's court in the course of enforcement, making it impossible to enforce a judgment or ruling; (3) Using violence or threats to obstruct or resist enforcement, making enforcement work impossible; (4) Assembling crowds to make a ruckus, storming the scene of enforcement, besieging, detaining, or beating enforcement personnel, making it impossible to carry out enforcement work; (5) Destroying or stealing enforcement case materials, enforcement vehicles and other enforcement equipment, enforcement personnel's clothing, and enforcement documents, causing serious consequences; (6) Other obstructions or resistance to enforcement, causing serious consequences.