How to write the charge of refusing to commit a crime in China?

1. How to write the charge of refusing to commit a crime in China? (1) The first part should explain the following items: 1. The name of the document, that is, "criminal complaint". 2. The identity of the complainant. Including the complainant's name, gender, age, occupation, work unit and residence. If the complainant is a legal person or other organization, it shall specify the name and domicile of the unit and the name and position of the legal representative or principal responsible person. If there is an entrusted agent, the identity of the entrusted agent shall be stated. The identity of the defendant is basically the same as that of the plaintiff. (2) The text is the main part of the criminal indictment, including the request of the indictment and the factual reasons. 1. Appeal request: it mainly refers to the specific matters that the public security organ is requested to solve the dispute, that is, the purpose that the complainant hopes to achieve through appeal. The request for accusation shall be clear, specific, legal and reasonable, and attention shall be paid to the omission. 2. The facts and reasons on which the accusation request is based: The facts mentioned here refer to the specific criminal facts of the defendant, and the time, place, purpose, motive, means, plot and result of the defendant's crime should be clearly stated, so that the people's court can verify it. The reason is to analyze the nature and circumstances of the crime and the losses or injuries caused to oneself according to the defendant's criminal facts, clearly point out the specific provisions of the criminal law and the charges constituted by the defendant's actions, and reiterate the request for accusation. (3) At the end, the name of the organ sent to the public security organ, the signature and seal of the complainant, the time and the name of the attachment shall be stated in turn. Second, the constitutive elements of the crime of refusing to execute (1) The crime of refusing to execute a judgment is a special subject. According to the provisions of Articles 3, 4 and 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Refusing to Execute Judgments and Ruling Cases (hereinafter referred to as the Interpretation), there are the following three types: ① The person subjected to execution is a citizen, that is, a natural person who has the obligation to act or not to act according to the judgment of the people's court. (2) If the person subjected to execution is a unit, the directly responsible person in charge and other directly responsible personnel shall be investigated. These people refused to carry out the effective judgment of the people's court for the benefit of their own units, which caused serious consequences and constituted the subject of this crime. (3) Obstructing execution and refusing to execute together with the person subjected to execution. This kind of person, because he is not the person to be executed, but an outsider instigates the person to be executed in advance or conspires with the person to be executed, and afterwards * * * participates in and implements the act of refusing to execute the court judgment, it should be recognized as a * * * offender. (II) Object of Crime The object of this crime is the power of trial and execution of the state judicial organs. The people's courts are judicial organs that exercise judicial power independently. Once the judgment comes into effect, it is mandatory, and all units and individuals that have the obligation to perform and assist in execution must execute it. The refusal of the person subjected to execution directly damages the seriousness of the judgment and execution of the people's court, seriously affects the judgment authority and execution authority of the court, and undermines the smooth progress of judicial proceedings; Indirect damage to the legitimate rights and interests of litigants and national interests. (3) Subjectively, the direct and intentional performance is that the actor knows that the judgment or ruling of the people's court has come into effect and must be executed, but he deliberately refuses to execute it when he has the ability to execute it, hoping that the effective judgment or ruling of the people's court will not be executed through the criminal act of refusing to execute, so as to satisfy his own or the illegal interests of the unit. (4) It objectively shows that it has the ability to execute and refuses to execute, and the circumstances are serious. "Ability to execute" means that according to the verified evidence, the person subjected to execution has property available for execution or has the ability to perform specific acts and obligations. The specific content of the complaint is clear. In the text, complaints and factual reasons are strictly separated, and the law is fair and just to anyone. The plaintiff must have strong evidence to prove the defendant's criminal facts in order to judge the specific charges.