我国社会信用体系缺失,被执行人通过各种手段规避执行,有些行为已经构成拒不执行判决、裁定罪,但由于法院收集证据难等原因,拒不执行判决、裁定罪在司法适用中,遭遇诸多障碍与尴尬。公安机关与法院之间对于该罪证明责任分配的认知不同,导致该罪在公诉程序上举步维艰,有关判例寥寥无几。通过设置该罪举证责任倒置模式,突破被执行人无须自证无罪之阻隔,加大被执行人的自证无罪义务,让拒执行为无处躲藏,以期有效地捍卫司法裁判的权威,最大限度地保护申请执行人的合法权益。 Our country’s social credit system is absent. The executed people evade the implementation through various means. Some of the acts have constituted the refusal to execute the verdict and the conviction. However, due to the court’s difficulty in collecting evidence and refusing to execute the verdict, Many obstacles and embarrassment. The difference between the public security organs and the courts in cognizance of the distribution of responsibility for the burden of proof shows that the crime is struggling in the process of prosecution. There are very few relevant cases. By setting the inverted pattern of the burden of proof of the crime, it breaks through the obstruction of the enforced person without self-incrimination and increases the self-incriminating obligation of the enforced person so that the enforcement of the refusal is nowhere to hide, so as to effectively defend the authority of judicial adjudication, To maximize the protection of the lawful rights and interests of applicants.