恶意逃避罚金行为与对策选择

受刑人在罚金判决生效后为逃避缴纳而采取的致使强制执行无法完成的行为是恶意逃避罚金的行为。一些国家和地区的立法经验是将其与客观不能不加区别一律易科为自由刑、劳役或劳动。我国有少数学者认为可以以“拒不执行人民法院判决、裁判罪”论处，然而最合理的选择是将恶意逃避作为加重情节直接易科剥夺自由刑。

On How to Prevent the Malignant Act of Absconding to Avoid Fine

When the judgement became effective in fine, the person concerned took some actions not to pay the fine, which belongs to the malignant act of absconding to avoid fine. In some countries and regions, it is regarded as punishment of depriving freedom, corvee or labor with no difference. In our country, there are some scholars consider that it should be took as the crime of refusing to execute judgments or orders of the people＇s court, but the most reasonable choice is to alter it into the punishment of depriving freedom.