问题 问答题

拒不执行判决、裁定罪的构成特征。

答案

参考答案: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。本罪的构成特征是:
(1)本罪侵犯的客体是国家审判机关的正常活动。
(2)本罪客观方面表现为对人民法院发生的有效判决、裁定有能力执行而拒不执行的行为。所谓有能力执行,是指根据查实的证据证明,负有执行人民法院判决、裁定义务的人有可供执行的财产或者具有履行特定义务的能力。如果行为人确实没有可供执行的财产,或者丧失履行特定义务的能力,不能以犯罪论处。所谓拒不履行,是指行为人采取各种手段拒绝履行人民法院判决、裁定中所确定的义务。
(3)本罪主体是特殊主体,指负有执行人民法院判决、裁定义务的当事人。
(4)本罪主观上表现为故意,即明知对已生效的判决、裁定有义务、有能力履行,而拒不履行。

单项选择题
单项选择题

Some oil companies plan to get rid of some of the pollution they produce by pumping it into rocks deep inside the Earth, where they say it will stay for thousands of years. Other people ,though, aren’t so sure this is advisable; environmental groups say that putting this pollution back into the Earth is a bad idea.

When oil burns, it doesn’ t just produce heat: it also produces carbon dioxide. Carbon dioxide is a natural part of the air, but because people burn so much oil, there’ s too much carbon dioxide in the air. This extra carbon dioxide is pollution; some scientific studies show that carbon dioxide is one of the" greenhouse gases" that is causing the Earth’ s temperature to rise.

Environmentalists say that the oil companies’ plans may not work. The oil companies say they are making sure that the gas will never escape, but environmentalists wonder how the oil companies can be so sure that the gas won’ t seep into the air. They also point out that there’ s no way to check to make sure the gas isn’ t leaking. In addition, the environmentalists point out that the pumping costs money--for research and for equipment--that the oil companies should be spending on preventing pollution, rather than on just moving it someplace else.

Another problem, say some people who are concerned about the Earth, is that if the oil companies find a cheap way to get rid of their pollution, they won’ t look for new kinds of energy. These environmentalists say that energy companies should be researching ways to use hydrogen, wind power, and solar power instead of finding better ways to use oil. They argue that continuing to use oil means that we will still need to buy oil from other countries instead of producing our own cheap, clean energy.

Environmentalists also say that burying pollution just pushes the problem into the future, rather than really solving it. They say that if the oil companies pump carbon dioxide into the rocks inside the Earth, it will be there for thousands of years, and that no one knows if this plan--even if it works--might turn into a pollution problem for all of us in the future.

The oil companies insist that their plan is safe, and that putting the gas inside the Earth is a reasonable way to deal with it. They point out that there is a lot of room in the Earth for this extra gas, and that putting carbon dioxide inside the Earth means that the gas won’t be in the air, and if it’ s not in the air, it won’ t make the Earth warmer.

Which of the following is NOT mentioned as a disadvantage of burying pollution()

A. It actually prevents companies from looking for other energy sources

B. It is difficult to make sure that the buried gas will stay where they are

C. It might turn up with serious consequences in the years to come

D. It will possibly take up too much room in the earth to be sustainable