Contempt Study

The contempt of court can date back to 12 century of England .It is the result of the world human rights movements and the development of the judicature independence .It is the choice between liberty of speech and judicial authority .In a long run , the contempt of court has yet been playing an important role in western lawsuit activities of today .In China ,there is no legislation about this accusation .Facing the reality of judicial authority being infracted frequently .How to improve the unsuitable range of the accusal in our criminal law and rebuild the judicial authority , is an urgency problem to be solved.This article ,through the comparative methods ,attempts to comb and summarize the history of contempt system in china and foreign countries , analyze some unique cultural and legal value of the modern western contempt system and its structure and typical regulations ,in order to make some theoretical preparation for setting up a suitable contempt in line with the specific situation of China .This article will also analyze the necessity and feasibility of transplanting contempt system into our country ,and will briefly introduce and evaluate the situations that should be treated as the contempt of court .And finally we will conduce by giving some conductive suggestions on setting up the contempt system in china .This article will give discussion in five aspects that are:The first part is a general description of the contempt system .Through studying the law of England , find out the background of the contempt and the general history of this offence .According to the "contempt of court law "constituted by England ,summarizes the main content of the contempt.The second part is a comparative analysis on the contempt between common law legal systems and statutory law legal system, and the development in china .In this part, it makes a detailed description on the contempt system of common law legal system, which develops more mature. It is mainly about the setting background ,the content ,the culture and value containing in contempt .in the written law system , the provision is comparative simple and specific .In China ,the contempt experience the process that being denied to recognize and to advocate . Presently, the setting up of contempt exists dissension in academe. The focus is on four aspects: First, the actual law system can protects litigation and the judicial authority well enough .Second, setting up the crime may aggravate the feasibility of judicial corruption and revenge .Third , setting up the crime may prevent the emergence of new mechanism .Fourth, the judicial authority can not be protected by force. Finally, indicates the necessity we should setting up the contempt of court by analyzing all the viewpoints and the reality of the judicial protection system.The third part is an analysis on the value of contempt in theory .The contempt of court embodies the protection on judicature order .By emphasizing the dignity of judge, give them the relevant rights to protect their dignity against the contempt actions .The contempt of court has great theoretical and practical significance in setting up the authority of law and enforcing the faith in law.The fourth demonstrates the deficiencies which exist in the legal system construction in our country through the massive facts and the cases, and the significances that contempt of court crime can consummate our country judicature system. I will illustrate it from four aspects: First, our present judicature is not independent but subject to the executive power. No wonder that the contempt of court of executive authorities, violation of the court order, and the lack of implementation of the court cases have occurred frequently. By analyzing the causes of judicial power subject to the right, we could seek reasons why the executive authorities dare to contempt the court, disdain and neglect the effective judgment, and the difficulties in enforcement. The establishment of contempt contributes to the independence of the executive power and the implementation of the solution to the problem of administer .The second is the contempt is designed to prevent "media interfering in trial". Nevertheless, media in China lacks of effective legal constraints now. The violations of media to judicial power is common. Form the cases of "the media trial" to the fact that judicial power is violated frequently, we can see that the establishment of contempt is helpful to the judicial trial independence to the press freedom power. Third, the establishment of contempt is choice of authority of the judiciary and freedom value of the press. From the principle of balanced interests and legitimate point of departure .It is proper to handle with the relationship between the right of expressing freedom and the right of judicatory independence to ensure that judicial authority. Fourth, I adopt the comparative analysis. By introducing the positive effects that contempt brought into western countries in dealing with news reports and jury system, we believe it would also produce good results.The fifth part discuss on how to prescribe this kind of crime .By analyzing the protection on judicatory order is unsuitable , brings up the concrete conception about the contempt of court .The contents includes the frame of the law , the element of crime , the amalgamation with criminal law and the implement of procedure. Thereinto, according to the character of the actions happened in china , propose the conviction range which is suitable to china.