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The Study Of The Contempt Of Court In England

Posted on:2013-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y L XiaoFull Text:PDF
GTID:2256330374474504Subject:Legal history
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The contempt of court in England is that British people or societyorganizations use a topical speech or a move to undermine the court ordamage the dignity of the court in the court or out of the court. Theoffense includes different types and composition. It is believed that itoriginated English common law in the12th century, there is aboutjurisprudences on the contempt of court as early as1631. After a long,rambling common law era, until the20th century, the Times v. UnitedKingdom case directly led to Contempt of Court, Act,1981, marking thecontempt of court from the common-law offenses into the criminal statutes.The Act has a lot of detailed provisions for the contempt of court,including the definition of the contempt of court, crime classification,trial procedures and disclaimer.With the rise and fall of the monarchy, judicial independence, gameof freedom of the press and judicial independence, they spawned the birthand formation of the contempt of court in England. The contempt of courtis the mother of other similar crimes in the world. At the same time, itis the contribution of the British people for the world legal culture.Besides, the crime itself contains the essence of the spirit of Englishlaw. On the one hand, judicial independence promotes the formation and development of the contempt of court in England. On the other hand, thecontempt of court in England also contributed to the establishment of theprinciple of judicial independence. Finally, in actual judicial practice,the court has left a large number of the cases for the contempt of court.By analyzing the typical cases, we may strengthen and deepen the awarenessand understanding of the contempt of court. As a result, we can depictthe true picture of the contempt of court in England.The thesis consists of three parts-introduction, main body andconclusion. The second part, namely, main body, is divided into fourchapters.Introduction consists of two parts. In the first part, I describe thecurrent research status of the contempt at home and abroad. In the secondpart, I briefly describe the definition of the basic concepts of this paperand the basic idea of research.Body parts: The first chapter describes the history of the contemptof court in England before Contempt of Court Act1981. In the first part,I have combed the origin of contempt of court in England in the10-13century. In the second part, I have also combed the development of thecontempt of court from14century to17century in England. In the thirdpart, I have still combed the improvement of the contempt of court from18century to1981in England.The second chapter describes Contempt of Court Act1981, includingthe background of legislation, the process of legislation, thelegislation, the evaluation of legislation ect.The third chapter presents the development of the contempt of courtafter1981in England. In the first part, I briefly describes thedevelopment of the contempt of court before Human Rights Act1998. In thesecond part, I briefly describes the development of the contempt of courtafter Human Rights Act1998. The last part is the conclusion. On the basis of induction andsummarize of the above four chapters, I refines the enlightenment of thecontempt of court for us in the process of evolution.
Keywords/Search Tags:Contempt of court, Contempt of Court Act1981, direct contempt of court, constructive contempt of court
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