The crime of refusing to execute judgments or orders of the people’s court does not fall within the jurisdiction of the maritime court as a special court,but the act of refusing to execute judgments or orders may occur in maritime( execution) cases under the jurisdiction of the maritime court. Due to the particularity of the maritime court and the professionalism of maritime cases,how to establish the jurisdiction over the crime of refusing to execute judgments or orders in maritime cases has become a realistic and urgent problem. By comprehensively reviewing the legislative changes concerning the refusal to enforce judgments or orders,carefully examining the advantages and disadvantages of various viewpoints,closely combining the professionalism and particularity of maritime trial practice on the basis of legality and rationality,grasping the realistic situation of parallel public and private prosecution in cases involving refusal to execute judgments or orders,verified by reasonable anticipation of the maritime court’s judicial reform and development,it can be found that establishment of jurisdiction of the crime of refusing to enforce judgments and orders of the people’s court in maritime cases should be primarily based on the principle of legality and supplemented by the principle of convenience,which the author believe is a better choice and development direction that should be adhered to.
Annual of China Maritime Law
the crime of refusing to execute judgments or orders of the people’s court
principle of legality
principle of convenience