The Study Of Contempt Of Court

Court is a place for the mediation of disputes;,the Court order is the foundation of justice. Throughout the national judicial practice, acts of breaking court order and impeding justice trial are common. In Western countries, such acts are defined as contempt of court. China's current legislationon of such acts are mainly in civil, administrative, criminal procedural law. However,about maintenance the order of the court, there are even shortcomings and gaps in academic, legislative and judicial area.Therefore, this paper chooses the acts of contempt court as object to study, and also to make up the stage for the domestic research on the acts and rules of contempt court in the western countries.This paper is divided into five parts,about 32,000 words.The first part introduces the definition of contempt court and the meaning of the establishment of the crime of contempt court. Act on the definition of contempt of court, these countries set up different provisions. Currently,there is no established view.This section only summarizes the definition of contempt of court in the United Kingdom, United States, Australia,Italy, France, Russia, South Korea and other countries .About the establishment of the meaning of contempt of court, in essence, it is to defend the dignity of the law; as the point of view, it is to balance the mind set of press freedom and judicial independence of the value of the conflict. Both are set up for contempt theoretical and practical significance. The second part classifies the acts of contempt court and the regulations. This section is the core of this paper.Traditional common law divided the acts into the civil acts of contempt court and the criminal acts of contempt court. In this section, the acts are divided into non-compliance with the contempt court order, non-perform statutory duties, insulting and inappropriate reports of nuisance behavior.In Hong Kong, non-compliance with a court order is that people don't act the court order in the specified period. In this regard, extending the specified period and developing enforce regulations is the solution in Hong Kong. while United Kingdom will give the person an explained and an appeal opportunity.If the parties, witnesses, jurors, lawyers don't Perform the duties ,they will be treated as contempt of court . For example,the witness does not testify, lawyers'dereliction of duties, jury's misconducts. Insulting should be as Contempt of court punished as contempt of court.Contempt of court set up the original intention is to balance press freedom and judicial independence, therefore, inappropriate report is the focus object of the regulation of contempt court .The third part describes the standard definition of contempt court and the defense. In the time involved, the United Kingdom follows the "no comment on pending cases"principle; the U.S. follows the "principle is not the conclusion of the case"; Australia defined the time in currently pending; The laws of Hong Kong definits the time as the start of the trial.In degree involved, the United Kingdom follows the "principle of substantial risk";before the 20th century,The U.S. follows "the principle of reasonable tendency", and in 1941 redefined "clear and immediate danger"principle ;And Australia follows the "principle of the real orientation".About the demurrer, the United Kingdom has reasonable care ,the public interest and the reporting of cases reported; Hong Kong adopts similar provisions as reasonable care, good faith ; In Australia, the report on the arrest when applications for bail open court ,the report of the arrest in the former trialand prosecution of crime don't constitute criminal contempt.The fourth part is the typed analysis and comparative study of disturbing the order of court and contempt court. In this section, the acts of disturbing the order of the court are divided into non-compliance with subpoena or refuses to appear in court without the leave of the court , prejudice to testify , non-compliance with court rules, and insulting the court .Based on the above analysis, the author of this part will give a comparative study of acts of disturbing the order of court and contempt court.About the legislation, contempt of court has to statute and case, supplemented by the legislation,while acts of disturbing the order of the court are in Procedure and as in the single a "crime of disturbing court order"; About the actors, the scope of contempt of court actors are more large than the actors of disturbing the court. About the types of conduct, the actors of disturbing the court are narrower than contempt of court,mainly as the lack of news mediacoverage limits; About the regulatory measures, both are similar including fine ,detention and so on.The fifth part analysis the defects in existing legislation about of the behavior of disturbing the order of court, and gives some corresponding improvement suggestions. About the analysis of defects in legislation, this paper itemized analysis all kinds of disturbing behavior of the court order, the Legislation and the relevant system. Such as the defects of judicial system, issue a warrant the drawbacks of the system;the abuse of the crime of disruption of the order of the court ,and the crime of refusion to implement the decision.In the face of the difficulties, I give some corresponding improvement suggestions.For example,the absence of the justice system for the plaintiff "absent"in the case, issue a warrant application of the system will be extended to witnesses and expert witnesses; cancel "refused to deciding the sin ", set Enforcement Act; expansion "crime of disturbing the court order"; cancel criminal 306 and 308 articles, divide 307, amend 305, and Increase the number of judicial policeman, set court monitoring system and other supporting measures.In addition, there are Heated debate of whether set contempt of court in china in the paper,while I held a negative position.