What are the conditions for filing a lawsuit in the case of refusing to plead guilty?

1. What are the conditions for refusing to file a criminal case? There are two conditions for refusing to prosecute a crime: 1. The applicant for execution has evidence to prove that the person who has the obligation to execute refuses to execute the judgment or ruling, which infringes the personal rights and property rights of the applicant for execution, and shall be investigated for criminal responsibility according to law. Specifically, the person who has the obligation to execute has the ability to execute one of the following eight acts: (1) refusing to execute after taking compulsory measures such as fines, detention, etc. because of refusing to report or lying about the property situation and violating the people's court's order to restrict high consumption and related consumption; (2) Forging or destroying important evidence about the performance ability of the person subjected to execution, preventing others from testifying or instigating, buying or coercing others to commit perjury by means of violence, threat or bribery, and preventing the people's court from finding out the property of the person subjected to execution, so that the judgment or ruling cannot be executed; (3) refusing to deliver the property and tickets determined by legal documents, or refusing to move out of the house or land, which makes the judgment or ruling unenforceable; (four) collusion with others, through false litigation, false arbitration, false settlement and other means to hinder the implementation. Causing the judgment or ruling to be unenforceable; (5) using violence or threats to prevent the person subjected to execution from entering the execution site, or gathering people to make trouble or impact the execution site, so that the execution work cannot be carried out; (6) Insulting, besieging, detaining or beating the enforcement personnel, which makes execution impossible; (7) Damaging or robbing the data of execution cases, execution vehicles and other execution equipment, clothes of execution personnel, and official certificates, which makes execution impossible; (8) Refusing to execute the judgment or ruling of the court, thus causing heavy losses to the creditors. 2. If the executor has evidence to prove that he has filed a complaint, the public security organ or the people's procuratorate shall not pursue the criminal responsibility of the person who has the obligation to execute. Second, what are the problems in investigating the crime of refusing to execute? In practice, the application of the crime of refusing to execute a judgment or ruling is not ideal. In a large number of enforcement cases in China, the debtor's behavior constitutes the crime of refusing to execute the judgment or ruling, but few people are investigated for criminal responsibility. The main reasons are as follows: 1. The public's understanding of the crime of refusing to execute is still not in place. Although in recent years, the courts in our country have intensified their efforts to crack down on suspected refusal to execute crimes, and basically achieved criticism, punishment and deterrence, which has formed a certain influence in society, the concept of "people living in poverty" is still deeply rooted, and most enforcement obligors believe that failure to perform civil judgments is at most a fine or detention, and it is impossible to punish them. In addition, the awareness of social integrity is poor, the legal concept of the person being executed and the person assisting the execution is weak, and the awareness of consciously fulfilling legal obligations is poor. Therefore, it is necessary to intensify the propaganda of refusing to commit a crime, and improve the people's legal awareness and the consciousness of the executed person to fulfill the judgment. 2. The court enforcement department rarely initiates the investigation procedure of the crime of refusing to execute. Due to some misconceptions, court enforcement departments generally do not tend to treat refusal to execute judgments as criminal cases. This is mainly because the investigation of criminal responsibility needs to collect detailed evidence and a lot of work, and the public security organs have high requirements for filing a case, and only a handful of them can complete the judicial process and achieve the set goals. Relatively speaking, it is relatively simple to take judicial custody and fine measures. Under the influence of this thought, the application frequency of the crime of refusing to execute the judgment or ruling is obviously reduced, and the deterrence of execution is seriously weakened. Many people who are executed are obviously capable of execution, but they are fearless in the face of poor execution by the court. The applicant knows that the person subjected to execution has the ability to execute, or knows the fact that the person subjected to execution has high consumption, but there is nothing he can do, resulting in the applicant's serious frustration with judicial authority. 3. The criminal procedure of the crime of refusing to execute the judgment or ruling is too complicated, which restricts the crackdown on this kind of crime. The current criminal law stipulates that the crime of refusing to execute a judgment or ruling shall be investigated by the public security organ, the procuratorial organ shall examine and arrest and initiate a public prosecution, and the court shall be responsible for the trial. In judicial practice (as can be seen from the transfer procedure), criminal evidence is often collected and fixed by the court, and even the executed person is arrested and transferred to the public security organ. Most public security organs and procuratorial organs are unwilling to take the initiative to intervene in the investigation and examination of such cases. This complicated judicial procedure has seriously dampened the enthusiasm of the executors to take criminal sanctions and restricted the strength and effect of the penalty strike. 4. Local protectionism. According to the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Refusing to Execute Judgments or Orders, cases of refusing to execute judgments or orders shall be under the jurisdiction of the court where the criminal acts occurred. In practical work, a large number of cases of court enforcement departments have to be executed in places where the executed person lives outside the jurisdiction. For example, when the person subjected to execution refuses to perform the judgment or ruling of the people's court, he shuts down and reports the case to the local public security, demanding that the case be filed for investigation for refusing to perform or ruling. The local police often shirk the responsibility, which undoubtedly encourages the person subjected to execution to resist execution. First of all, the executor must be very clear about the crime of refusing to commit a crime, because in general, he should report the case to the public security organ first. However, due to some legal loopholes and realistic social factors, the public security department is usually unable to file a case in time. Since the public security department does not investigate, the party whose interests are damaged can only file a lawsuit directly.