问题 单项选择题

下列哪种行为构成拒不执行判决、裁定罪( )

A.行为人拒不执行人民法院的生效判决或裁定的

B.行为人有能力执行而不执行人民法院的生效判决或裁定的

C.行为人有能力执行而拒不执行人民法院的生效判决或裁定且情节严重的

D.行为人以作为或者不作为的方式拒不执行人民法院的生效判决或裁定的

答案

参考答案:C

解析:[详解] 拒不执行判决、裁定罪,是指对人民法院的判决、裁定有能力执行而拒不执行,情节严重的行为。拒不执行判决、裁定罪的构成特征为:(1)侵犯客体为国家审判机关的正常活动。(2)客观方面为对人民法院发生法律效力的判决、裁定有能力执行而拒不执行。(3)犯罪主体是特殊主体,即负有执行人民法院判决、裁定义务的当事人。 (4)主观方面为故意。根据《刑法》第313条的规定,“对人民法院的判决、裁定有能力执行而拒不执行,情节严重的”,构成拒不执行判决、裁定罪。

单项选择题
单项选择题

Arnold: I was recently denied a seat on an airline flight for which I had a confirmed reservation, because the airline had overbooked the flight. Since I was forced to fly on the next available flight, which did not depart until two hours later, I missed an important business meeting. Even though the flight on which I had a reservation was canceled at the last minute due to bad weather, the airline should still pay me compensation for denying me a seat on the flight.
Jamie: The airline is not morally obligated to pay you any compensation. Even of you had not been denied a seat on the earlier flight, you would have missed your business meeting anyway.
Which is the principle that, if established, justifies Jamie’s response to Arnold is that an airline is morally obligated to compensate a passenger who has been denied a seat on a flight for which the passenger has confirmed reservations

A.If the only reason the passenger is forced to take a later flight is that the airline overbooked the original flight.

B.Only if there is a reason the passenger is forced to take a later flight other than the original flight’s being canceled due to bad weather.

C.Only if the passenger would not have been forced to take a later flight and the airline not overbooked the original flight.

D.Even if the only reason the passenger is forced to take a later flight were that the original flight is canceled due to bad weather.

E.(E) Even if the passenger would still have been forced to take a later flight and the airline not overbooked the original flight.