Subject:The Logical Combing and Institution Adjustment of the Right of Concurrent Performing Counterplea Obstructing Criminal Illegality
The execution procedure does not resolve substantive issues.Hence,the right of simultaneous performance defense,as a substantive right,does not inherently prevent the establishment of the crime of refusing to execute a judgment or ruling.Howev-er,The standpoint of disregarding the impact of this right on criminal illegality overly emphasizes the distinction between public and private law,as well as procedural and substantive regulations,ignores the trend of their mutual influence in modern legal practice and the procedural relevance in the realization of rights.Recognizing this right can influence criminal illegality through its impact on illegality assessment and aligns better with the system's purpose.Instead of a formal link to criminal responsibility,we should base decisions on substantive evaluation of its impact on criminality,balancing interests.For criminal judgments without a specified order of performance,the right can negate the illegality of the act;whereas,for those with a specified order,it can only negate punishable illegality.
The right of simultaneous performance defensecriminal illegalitythe cause of illegality deterrenceinterest balan-cing
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