Applicable Research "violence Or Intimidation" Judicial Obstruction Of Official Business Sin

This article from the concept of obstructing public business and crime constitution, the judicial practice of "violence, threat" method that disputes and problems, combining the theory of criminal law in a typical case, for obstructing public business, the meaning of "violence, threat" method, the strength of concrete situation. At present, the legislation does not obstructing public business do special regulations means of violence or threat, in judicial practice of obstructing public business, lack of standards for judging "violence or threat, breach of duties of general behavior and disrupt public behavior in the means of violence or threat sentenced to hard. Therefore, some crime is not punished, some general violations and expand the punishment degree rises to the punishment of the criminal law."Violence or threat" approach degree of fuzzy scale affects the crime and non crime and so cannot be timely grasp of the crime effectively, reduces the judicial credibility. So, the current priority from the judicial practice of judicial interpretation,"violence or threat of obstructing public business, do a limited explanation method, so as to avoid outside intervention in judicial activities, let under sunshine transparent judicial activities.