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我国刑事诉讼法和最高人民法院、最高人民检察院、公安部《关于执行刑事诉讼法规定的案件管辖范围的通知》规定,抗拒执行判决、裁定案属不需要侦查的轻微刑事案件,由人民法院直接受理。从审判实践看,抗拒执行判决、裁定案遇到的主要难题是:一方面,有一部分当事人抗拒执行判决、裁定的行为已构成犯罪,必须处以刑罚,但因无人起诉,人民法院无法立案审理;另一方面,在立案受理的案件中,存在自诉人不具备主体资格的情况。由于对这类案件的诉权(即原告人)没有明确规定,以致众说纷纭,争议的主要有以下问题:
China’s Criminal Procedure Law and the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security stipulate that “the implementation of the jurisdiction of cases stipulated in the Criminal Procedure Law” stipulates that minor criminal cases that are not required to be investigated shall be executed directly by the people’s court Accepted. Judging from the practice of trial, the main problems encountered in resisting the execution of the judgment and the ruling are: On the one hand, some of the parties refuse to execute the ruling and the ruling has constituted a crime and must be punished. However, since no one sues, the people’s court can not put the case on file On the other hand, in the cases accepted for filing, there is a case where the private prosecutor does not possess the qualification of the main body. Since the right to appeal against such cases (that is, the plaintiffs) is not clearly defined, the opinions of different parties are controversial. The main issues in dispute include the following: