Academic papers of the court
On the Functions of Grass-roots Courts
Since 20 10, more than 600 grass-roots courts have opened the official Weibo. The preset functions of the grass-roots court official micro include but are not limited to information disclosure, case interpretation, self-promotion, news release, hot spot response, Weibo forwarding, topic exchange, business discussion, etc. However, in practice, improper function orientation, insufficient content innovation, poor interaction and communication, and lack of professional quality have become obstacles for the court to realize its due functions.
Keywords: Weibo, the official function of grass-roots courts
Fund Project: 20 13 Jiangsu Provincial Department of Education University Philosophy and Social Sciences Fund Project "Research on the Function Orientation and Management Innovation of Grassroots Courts" (Project No.2013JB820015).
About the author: Xu Jun, doctor of law, lecturer of Nanjing University of Information Science & Technology Law Department; Hua Zhen, master of law, judge of Zhenjiang Intermediate People's Court, Jiangsu Province.
China Library Classification Number: D926.2 Document Identification Number: Part A Number:1009-0592 (2013)12-15-02.
20 10 is the first year of Chinese microblog. From this year on, Weibo began to influence and profoundly change the daily life of everyone in China. Opening Weibo and interacting closely with netizens have also become an effective way for state organs to change their work style and realize the open operation of power. At that time, the court, which urgently needed to improve the judicial credibility, was focusing on constantly satisfying the people's right to know, express, participate and supervise through institutional innovation, and improving the social awareness and recognition of the judiciary. The prosperity of Weibo provides a brand-new interactive platform for judicial openness.
20 10 10, Hubei Enshi intermediate people's court became the first certified court official in China. So far, more than 600 courts have opened official micro. The outstanding performance is the court system in Henan Province: the High Court opened @ Yufa Sunshine Weibo on 20110, and by 20 12, all the third-level courts in the province 183 opened official micro. Most of the above-mentioned more than 600 courts with official functions are grass-roots courts. Taking the officials of these courts as the object of investigation, we can explore the daily work and practical functions of grass-roots courts in China from one side.
First, the main functions of the grass-roots court official micro
(1) information disclosure
Official micro has become a new platform for the court to communicate with the public, and it has become a basic function of the court official micro to issue court opening announcements and broadcast hot cases. In practice, grass-roots courts will announce the typical, significant or influential cases in their jurisdiction through official micro-channels, and courts in Guangdong and Guangxi, such as Beihai Intermediate People's Court and Guangzhou Intermediate People's Court, often use Weibo to broadcast the cases live.
(2) Case interpretation and popularization of law
With the rapid development of social life, some new social contradictions have emerged. When trying a new case, the court often needs to actively apply the law under the guidance of the original intention of legislation, which will inevitably lead to some speculation and controversy. In addition, some judgments related to universal and livelihood cases such as marriage, inheritance, housing and environment also have a strong guiding role for the public. The court often publicizes, educates the legal system and gives legal risk tips on the legal application, causes and results of such cases through official micro-analysis, combined with individual cases.
(3) Self-promotion
The low cost of court officials makes up for the shortage of manpower and material resources for the construction of official website in grass-roots courts. Some grass-roots courts regard official micro as an important tool and external window for the publicity of court work. In the Weibo of these courts, various honors, leaders' inspections, foreign exchanges, important meetings, major activities and work innovations won by the courts or judges are often exposed.
(4) Press release
Official micro is also an important channel for news release of major court events. On the occasion of Intellectual Property Day 20 13, Shunde Court held a press conference on judicial protection of intellectual property rights in Shunde on April 23rd, and released the White Paper on Judicial Protection of Intellectual Property Rights in Shunde Court (2008-20 12) and ten typical cases. On the same day, Guan Wei broadcast the conference live, and released the main contents of the white paper and the summary of ten typical cases in Weibo. @ 20065438+On September 26th, 2003, after the verdict of Li Moumou and others' rape case, a press conference was held to answer questions from netizens.
(5) Dealing with hot spots
From 2065438 to September, 2003, many important cases with wide social influence, such as Wang Shujin, _ _, Li Moumou and Xia Junfeng, were tried by local courts, which aroused great concern from all walks of life. In order to show judicial openness and take the initiative to occupy the high ground of public opinion, the accepting court used various media including Weibo to respond to external concerns. This has also prompted some courts to recognize and use the power of Weibo, and achieved good response results.
(6) Forward to Weibo.
At present, most of the Weibo issued by grass-roots courts are forwarded to Weibo. The types of forwarding are sometimes news, higher court in Weibo, and other political and legal units in the same area, such as Weibo. Guangzhou Intermediate People's Court is unique, and the first article published by Weibo every day is a legal motto. Some courts will issue some common sense of life and health care methods. The Beijing Evening News reporter randomly selected 100 blog posts published continuously in the official Weibo of all districts and counties. Through statistical analysis, it is found that Weibo accounts for 24.2%, and Weibo accounts for 1 1.9% for medical care, life tips and weather forecast.
(vii) Theme exchange
Under the guidance of the Supreme People's Court's thought of "improving judicial measures for the people, taking targeted measures in filing, trial, execution, letters and visits, etc., so that people can participate in litigation more conveniently and better safeguard people's rights and interests", Weibo has become an effective channel for real-time interaction and seamless docking between courts and the public. For example, the Guangdong Provincial High Court, together with Guangzhou Baiyun Court and Dongguan No.1 People's Court, invited two front-line judges of criminal trials at the grass-roots level to conduct micro-interviews with the public on issues related to crimes endangering food safety on May 20 17/morning of KLOC-0/3.
(viii) Business discussion
As a court whose main business is professional and has no direct daily contact with the public, its followers in Weibo are mainly concentrated in the industry, and there are even fewer followers in grass-roots courts. To this end, some court officials have expanded the function of minority business discussion. On April 3, 20 13, Guangdong Higher People's Court publicly released the judgment of Qihoo v. Tencent for the first time, with a full text of 50,000 words. This highly professional Weibo has received far more comments and reposts than other Weibo, and most of them are legal persons.
Second, the grass-roots court official micro-problems
(A) improper functional positioning
A large number of grass-roots court officials position themselves as a supplement to official website or official website. The Weibo published by them is full of official language, and the contents published are also the daily account, summary report and work summary of the leaders' inspection. Although it's hard to say it's disgusting and boring, at least it's hard to make netizens interested and eager to communicate with it, or even attract netizens to read Weibo's content, let alone become their fans voluntarily. A large number of grass-roots court officials have gradually become dead Weibo because of lack of attention.
Different from the High Court, the grass-roots courts have handled most legal disputes in China, and their actions directly affect the impartiality and credibility of the courts. As an institution in direct contact with the parties, the reputation of grass-roots courts directly reflects the public's perception of the courts. In the daily work of the court, the work and achievements of the court are comprehensively publicized through various channels such as government newspapers, traditional media and official websites. It would be redundant and not as effective as the traditional practice if Guan Guanwei was used as another court propaganda position. (B) content innovation is not enough
Grass-roots courts are generally caught in the dilemma of more cases and fewer cases. In the case that the trial business is still unable to cope freely, it is bound to cause a burden of manpower and material resources to require the grass-roots courts to open official micro-offices. At present, the practice of grass-roots courts is that judges serve as administrators of Weibo or are managed by outsiders. Because the court personnel are not specially managed by full-time judges, and there is no suitable evaluation method, the managers lack the motivation of content innovation when releasing Weibo. Weibo, which forwards current affairs news and superior courts, becomes the simplest and safest way. Take April 24, 20 13 as an example. In five minutes, a county court forwarded 58 Weibo; Another county court forwarded 37 Weibo in more than ten minutes. Most of the forwarded content comes from @ 么么么么.
Although it lacks national attention, grass-roots courts are one of the state organs with the most concentrated social contradictions and the highest degree of public concern in this region. Some courts can actively make use of official micro, respond to the social queries about hot and sensitive cases through case analysis, prompt the legal risks related to the safety of people's lives and property, put forward targeted judicial suggestions, popularize common sense such as laws and regulations, judicial interpretation and legal application, and achieve good social effects.
(c) Lack of interaction and communication
Weibo is a social platform based on information sharing, dissemination and user relations, and its biggest feature is interactivity. The emergence of new media, such as Weibo, has innovated the inherent expression mode of public opinion, broken the discourse hegemony of traditional media, realized the media access right of vulnerable groups, and played an increasingly powerful role in public opinion guidance and social supervision. The prosperity of court officials should conform to the interactive characteristics of WEB2.0 era, promote judicial openness and enhance judicial public trust.
However, a considerable number of grass-roots courts still regard the release of Weibo as a one-way propaganda tool and a task assigned by their superiors, thus ignoring the interaction with netizens. As an ordinary netizen, the author puts forward questions and suggestions to 105 grass-roots court officials. About half of them can give simple answers, and only a dozen people can have full and frank communication with the author. The most surprising thing is that a county court in Henan Province not only ignored the author's euphemistic criticism of his lack of original content, but also forwarded it to Weibo at will, instead, it blacklisted the author for not commenting.
Lack of professionalism
Compared with the High Court, there is a certain gap in the legal literacy of grass-roots court staff. In addition, the grass-roots courts pay far less attention to the official Weibo than the high courts, so it is difficult to guarantee human and material resources. Therefore, Weibo's release will inevitably lead to some mistakes. One kind of mistake belongs to the lack of news communication concept and literacy. For example, a county court in Chongqing still uses photos that have been proved to be stolen from others as pictures when forwarding the news of Zhou's girlfriend's trial. After being reminded by the author, it was deleted in time, which did not cause adverse effects. But another kind of mistake belongs to the mistake of legal understanding and application, which is enough to adversely affect the credibility of the court. On July 2013 12, Ceng Chengjie, the principal of Xiangxi's 3.4 billion fund-raising case, was executed by Changsha Intermediate People's Court. Weibo, Ceng Chengjie's daughter, questioned that her family had never seen her father for the last time before his execution. Guan Wei of Changsha Intermediate People's Court first responded that "the law does not expressly stipulate that criminals must meet their relatives when executing the death penalty". The Weibo was quickly questioned by netizens, and then the Weibo was deleted. Immediately, Guan Wei of Changsha Intermediate People's Court issued a Weibo saying that Ceng Chengjie did not ask to see his family before executing the death penalty, nor did he ask in his last words. Regarding Weibo, whose article was deleted, Changsha Intermediate People's Court issued an apology statement, saying: Because Weibo managers did not study criminal law enough, they took it for granted that they sent the wrong message and deleted it after the leaders found it.
Third, the conclusion
The Supreme People's Court 20 1 1 issued the Opinions on Further Strengthening the Grassroots Construction of People's Courts under the New Situation, which pointed out that grass-roots courts should firmly establish the idea of justice for the people, adhere to all the mass lines of serving the masses, relying on the masses, coming from the masses and going among the masses, and always take the fundamental interests of the overwhelming majority of the people as the starting point and the end result, so as to ensure that the grass-roots work of people's courts is firmly rooted among the people. They should try their best to fully realize the due function of justice and promote social fairness and justice by changing their concepts, accurately positioning and improving their literacy.
Precautions:
For example, in order to hear the case of Wang Shujin, Hebei High Court opened Sina Weibo on June 20, 20 13. On the day of the trial on June 25th, the number of fans reached 20,000. On August 22, 20 13, Jinan intermediate people's court held a hearing on _ _ _ _ _, and opened Weibo on August 28, 2000 18, with 380,000 fans.
References:
[1] Gong Pixiang. An important guarantee for improving judicial credibility. China cadre forum. 206438+02 (7).
[2] Sina politics and law 20 12 Weibo report. /s/jc37T，20 13- 10-6。
[3] Why does Weibo love "keeping in good health"? Beijing Evening News.2013-9-24.
[4] Zhou Qiang. Unswervingly adhere to justice for the people. Legal information. 20 13 (4).
[5] Su Li. Trial management and social management —— How the court can effectively deal with "too many cases and too few cases". China Law.2010 (6).
[6] Xu Jun. The concept and strategy of judicial response to online public opinion-based on the analysis of 18 typical cases. Law. 20 1 1( 12).
[7] Changsha Intermediate People's Court responded that it would not meet relatives: Ceng Chengjie did not ask for it. Southern Metropolis Daily.2013-7-14.
Academic papers of the court II
On the enforcement work of the court
The purpose of this paper is to discuss the civil execution. Firstly, this paper expounds the problems existing in the current court execution, then analyzes the causes of the problems existing in the court execution, and finally puts forward relevant solutions and measures.
Keywords implementation of difficult measures
About the author: Wang Li and Wang, People's Court of Gulin County, Sichuan Province.
China Library Classification Number: D926.2 Document Identification Number: Part A Number:1009-0592 (2014)12-133-02.
Court-executed cases refer to civil cases, criminal cases, administrative cases and arbitration cases, which should be executed by the court according to law after the judgment or ruling of the court or arbitration by an arbitration institution and the defendant fails to perform. Execution is the last stage for the court to accept the case, but it is also a very important stage, because it is the guarantee for the effective judgment document to be realized. This paper mainly studies civil execution. Enforcement is an enforcement measure that has been stipulated by law, and the debtor must abide by it, which is the requirement of realizing judicial justice and protecting the rights of the parties. Implemented by a special statutory body. No unit or individual may take coercive measures against other people's property or force others to perform certain obligations. The dispute between the parties has been settled, and the court has made a clear judgment, which has come into effect. However, if one party fails to perform its obligations, the other party may apply to the people's court that originally tried the case, and the executive board of the people's court will make an execution notice to start execution. Execution is the last stage of civil procedure, which is of great significance. Because the parties choose to go to court because they believe that the law can safeguard their rights. This kind of maintenance is not only for legal IOUs, but also for the ultimate realization of rights. If only the legal IOUs can not achieve the purpose of realizing the rights of the parties through the law, it will increase the litigation burden of the parties and reduce the public's trust in the law, and the authority of the law and the rule of law will be out of the question. Only when the executive organs of the people's courts force the parties who refuse to perform their obligations to perform the obligations specified in the effective legal documents can we realize the tasks of civil legal procedures, protect the legitimate rights and interests of the parties, and safeguard the dignity of the law, the unity of the legal system and the prestige of the people's courts. As Lenin said: "If there is no system that can force people to abide by the norms of legal rights, legal rights are equal to zero."
First, the main problems existing in the current court enforcement work
The main problem is that it is difficult to implement. The difficulty of enforcement is a difficult problem that puzzles the work of the people's courts and has aroused widespread concern from all walks of life. It is also a recognized evaluation of the implementation of the judgment by the judicial organs in China. There are many reasons for the difficulty in court enforcement at present, which are related to the operation of court enforcement agencies and the current social and legal environment. At present, the difficulties in implementation are as follows:
1. The person subjected to execution cannot perform. In some areas, the economic development is backward, the income of natural persons is low, and the executed person is really unable to perform, and the executed person is forced to flee, squander and default. Now it involves a lot of private lending. Because private lending is a spontaneous behavior, not the supervision and restriction of any department, it has a competitive advantage in policy that financial institutions can't enjoy. In the competitive environment, it is easy to induce financial institutions to violate the rules, thus disrupting the rural financial order to some extent. After the person subjected to execution was unable to repay the loan, he went out with his family, could not contact the person subjected to execution, and had no property to execute, which led to the case being unable to end.
2. The person subjected to execution resists execution. It is common to refuse to perform when you have the ability to perform. Mainly manifested in the following aspects: First, ignoring the effective judgment, the personal quality of the parties is low, and the legal concept is very weak. He believes that as long as he insists on not fulfilling the law, he can't treat it and despise legal authority; Second, deliberate tossing, even if some parties lose the case, they will deliberately delay the performance of their obligations, play catch me if you can against the other party or the court or create various obstacles, resulting in subjective and objective difficulties in implementation; The third is luck, thinking that by deliberately delaying the transfer of property, you can avoid fulfilling your responsibilities or force the other party to make concessions; Fourth, violent resistance to execution, because there are past grievances between the parties, individual parties go to extremes under the influence of emotions, confront the executed person, and resist execution by violence.
3. The obligor for assistance refuses to assist in execution. Assisting in execution is a system in which the people's court requires the relevant units to cooperate and assist in the execution of objectives according to relevant laws and regulations. The role of assisting the executor is to assist the court to complete its task, which should be based on the concept of obligation. Therefore, the right of the person subjected to execution to assist in execution should be a common right, such as the right to claim compensation when the party concerned damages his legitimate interests if he is executed illegally. Assisting in the execution of personnel is to cooperate in a timely and efficient manner according to the letter of assistance from the court, and to provide relevant information in an all-round way with the obligation of honesty and credit, so as to ensure the ideal effect of execution, safeguard the legitimate rights and interests of the application executor and safeguard the judicial authority of the court. The executive power is the executive power given to the people's court by law, and no other unit or individual can exercise it instead of the court; However, some of the executed subject matter or property is not in the hands of the executed person, but is possessed and kept by some units and individuals, and some property rights certificates closely related to the subject matter must be transferred by relevant units, which requires the cooperation of relevant units and individuals to complete the execution of the people's court and realize the rights of the parties.
4. External interference. For various purposes, local governments often issue some instructions to interfere with implementation. For example, in order to protect the local economy, it may interfere with the implementation of some local enterprises; In order to appease the emotions of the parties and maintain regional social stability, it often interferes with the implementation. Due to unscientific evaluation of the stability of letters and visits and other factors, local authorities are forced by political achievements or pressure to maintain stability, which leads relevant departments to intervene in execution regardless of the truth and court decisions. In addition, for their own interests, all walks of life often set obstacles to implementation and rarely cooperate and assist.
Second, the reasons for the difficulties in implementation
(A) the cultural quality of the person being executed
There are three main situations. First, some people who are executed lack the most basic legal knowledge, think that they can't do anything about it if they refuse to implement it, despise the authority of court decisions, and even gather relatives, friends and neighbors to obstruct law enforcement, violently resist law enforcement, and insult and beat law enforcement personnel. Second, many people who are executed are lucky enough to think that by hiding, selling off, transferring property, or playing hide-and-seek games, they can evade execution, or force the other party to negotiate and compromise with themselves again, so as to gain more benefits. The third is deliberate delay. Some people who are executed know that they can't escape execution, but they have the psychology of tossing each other. They deliberately fool the parties or the person subjected to execution on the pretext of collecting accounts and being too busy with time, and fail to honor the performance in time, which increases the cost of realizing the rights of the other party and the execution cost of the court.
(2) The court decides its own problems.
The first is the quality of the referee. Undeniably, at present, judges in grass-roots courts are lacking in professional knowledge and ability. In addition, in recent years, the number of cases has risen sharply, and the number of court investigators is in short supply, which makes the judges overwhelmed, thus causing problems such as low trial quality, which leads to the dissatisfaction and resistance of the parties to the judgment. Secondly, too much emphasis is placed on mediation. At present, the mediation withdrawal rate of grass-roots courts often reaches more than 80%, which is mainly due to the characteristics of mediation itself, except for the unscientific assessment of trial work. Mediation procedures are relatively simple and flexible, which can save time and experience in handling cases. In addition, mediation can not do the above, reducing the risk of handling cases and reducing the appeal rate, the revision rate and the retrial rate. (C) the implementation of environmental issues
First, the relevant units and departments will not assist in the implementation from their own interests. The court's civil enforcement work can not be solved by the legal department alone, but involves many departments and industries, which requires the cooperation of many different departments and increases the difficulty of enforcement. For example, the financial department that often participates in assisting in performance often delays or refuses to assist in performance when the court asks for assistance in performance of inquiry, freezing, seizure and transfer, because of trouble or fear of affecting business. Similarly, it is quite difficult to ask the land department, housing management department and other departments to assist in the transfer procedures, which often delays the execution of the case and affects the execution of the case. Second, local protectionism interferes with implementation. When the object of execution is the party and government departments, or influential enterprises in some places, the local party and government departments may ask to proceed from the overall situation and serve the overall situation for the sake of departmental interests or local economic development and taxation, so as to intervene in the execution behavior.
Lack of synergy between administrative agencies
At present, the jurisdiction of execution cases in our country is mostly based on the location of property, and it is essential to entrust execution for cases where people and property are separated, property is scattered and property is not within the jurisdiction of our court. However, entrusted execution is often not actively cooperated by the entrusting court because there is no assessment requirement, which increases the pressure of handling cases, or because of the protection of local interests. And the superior court has no effective coordination and supervision measures, so it can't form a joint force.
(5) Lack of tough enforcement measures.
First, the legal provisions on enforcement are mostly procedural provisions, and there are few disciplinary provisions. The applicable conditions of measures such as detention and fines are high and strict, and the judicial practice often requires the approval of the president, and the procedures are complicated. The crime of failing to perform an effective judgment is rarely applied because of its high conditions and strict requirements. Second, due to the pressure of maintaining stability, the court tried to avoid the application of compulsory measures in execution, conniving at the parties' long-term violent resistance to execution, which greatly affected the deterrence and legal authority of execution.
Three. Methods and measures to solve the implementation difficulties
The Third Plenary Session of the 18th CPC Central Committee proposed to comprehensively deepen the reform and promote the reform of the judicial system. The Fourth Plenary Session of the 18th CPC Central Committee discussed the construction of China ruled by law for the first time. At present, under the guidance of the spirit of the Third Plenary Session and the Fourth Plenary Session of the 18th CPC Central Committee, we should further promote the reform in the field of administrative justice, solve the problem of difficult implementation, enhance judicial authority and enhance judicial credibility.
1. Strengthen legal publicity and improve the legal quality of the parties. It is necessary to expand the breadth and depth of legal publicity with the help of seven levels of law; With the help of circuit trial and public trial, a case was concluded and educated; Build and improve the court's open platform, improve the procedures such as the disclosure of judgment documents and the disclosure of judgment processes, and enhance the people's awareness and support for court trials; Improve the litigation service mechanism, provide convenient legal advice and other services to the parties in time, and promote the parties to know the law, abide by the law and use it.
2. Change unscientific assessment indicators and adhere to mediation according to law. According to the law, mediation should be based on basic facts and respect the wishes of the parties. Therefore, we should change the mandatory requirements for court mediation rate, change and improve the consideration indexes such as appeal rate, revision rate and remand rate, establish a scientific and reasonable assessment system, avoid the behavior that damages the legitimate rights and interests of the parties due to excessive reliance on mediation, and reduce the dissatisfaction and conflict of the parties caused by the confusion of judgment.
3. Strengthen training and supervision to improve judicial ability. Strengthen the study and training of court judges and executors, enrich legal knowledge, improve the ability of trial and execution, and improve the quality of judgment documents. By improving the people's jury system and the people's supervisor system, we will improve the openness of judgment documents and trial procedures, promote supervision through publicity, promote trial through supervision, and improve and enhance judicial public trust.
4. Accelerate the reform of the operational mechanism of judicial power and avoid judicial administration. We will promote the reform of the trial-centered litigation system, implement the lifelong responsibility system for handling cases and the accountability system for misjudged cases, so that judges can try and be responsible. Reduce the review and signing procedures of judgment documents, improve the collegiate bench appraisal system and the joint meeting system of judges, and adhere to the system of collegiate bench handling cases independently and judges learning and exchange.
5. Promote reform and reduce judicial localization. In addition to focusing on the long-term, the people and property of the court should be directly controlled by the province, people's courts across administrative divisions should be explored, and a system of record, notification and accountability for leading cadres to intervene in judicial activities and handle specific cases should be established. It is also necessary to improve the thinking and ability of party member cadres to handle affairs according to law, take the effectiveness of rule of law construction as an important content to measure the achievements of leading bodies and leading cadres at all levels, incorporate it into the performance evaluation index system, and take whether they can abide by the law and handle affairs according to law as an important content to inspect cadres.
6. Improve the execution organization and form a joint execution force. First, strengthen the command and coordination ability of higher-level executive agencies to lower-level executive agencies, and build a strong hierarchical executive system. Executive organs are different from judicial organs, and judicial organs of courts at all levels are relatively independent. The higher court has the function of supervision and guidance to the lower court, but the execution emphasizes cooperation, which is different from the trial organization. Therefore, it is necessary to strengthen the command and coordination of superior organizations to subordinate organizations, form a joint force and enhance execution. The second is to explore the reform of execution system, promote the separation of execution power and judicial power, avoid the mutual influence between execution and trial, and realize the specialization of execution work. The third is to improve the entrusted execution procedure, improve the restraint mechanism, incorporate entrusted execution into the assessment, scientifically limit the execution period, and strengthen the execution cooperation of local courts.
7. Improve compulsory measures. For those who have the ability to perform and refuse to perform, we will resolutely take compulsory measures such as seizure, seizure, freezing, deduction, auction and sale according to law, strengthen the punishment of those who have lost their trust, include them in the list of those who have lost their trust, and impose credit punishment on them according to law. For those who deliberately conceal, sell or transfer property, deliberately delay execution, have a bad attitude and violently resist law enforcement, it is necessary to improve the judicial interpretation, refine the application situation, and take measures such as fines and detention according to law. We should also improve the judicial interpretation, expand and clarify the scope of application of the crime of refusing to perform the effective judgment or ruling of the court, and enhance the deterrent power of punishment.