The Practice Problems And Solutions Of The Crime Of Obstruction Of Justice

Judicial Justice is generally viewed as the last line of Social Justice, and there is no doubt that it is fundamental to the society. Obstruction of justice is settled to sanction and entrave the organisating actes, in pour to ensure that the element in the procedure are all object, effective and maintain national judicial function. The setting of this crime had draw lessons from foreign legislative experience, combined with the object need for juste practice in our country, both of the legal purpose and the adjusting range are relatively advanced. However, it is a pity that our legislation technology is relatively there are a large amount of lagging in the expression of this crime; Combined with the mislocation among the effectiveness of law and judicial interpretation, and criminal law provisions, there are amount of practical problems in great need to be solved.The first part of the criminal suspect to the detriment of the witness act in difficult, depending on the object of crime is subdivided to testify about breach of partners in crime and sabotage the victim to testify, respectively, with two typical cases lead to think whether can be fined, for such activity, then to comb and analyzes the theory, referring to that criminal suspects to the detriment of the witness two types of behavior can be punished, not abuse, and the theory ". In order to maintain the power of the criminal law, the criminal policy for the justice with mercy" should not break the boundary.The second part for sabotage in words request another’s help way to testify that trouble, first in case lead to practice on the action, so as to bring the requirements of criminal "methods" of legal interpretation. The author believes that behavior of sabotage to testify, should not emphasize the action of the expression, but should focuses on behavior of objective function, so that, the need of the witness can be achieved through behavior. Risk as a result, even if the actor does not make personal heavy violence, threat or have big allure "subordination", just directly or entrust others to "request rhetoric way impairing testifying behavior," as long as can objectively to partners in crime and the victim have great influence on effect, might jeopardize its objective to testify, should be in this crime.The third part is the false behavior to the need of the witness qualitative controversy. Because of the different purposes, this section behavior can be divided into infringement hindrances to testify and rights owed to testify. For the illegal possession by false litigation tort behavior, we bring it out that should be based on specific circumstances, to discriminate, implements the punishment of several crimes with the law or the crime with heavier punishment. For acting in wrong way litigation rights, because it is not in the public aid force and the cases in violation of the provisions of criminal law by rights abuse, and action of the subject could be given a lighter punishment. In a suit of false, who cannot be identified "instigate others to commit perjury", we think that can be with the principle of "lighter suspected crime, believed to help forge evidence.After the fourth part is the crime detriment of testimony argument. For the first category "who supervises after the traffic accident" behavior, it is thought this behavior can be attributed to escape after the "accident", can be used as a traffic tragedy in this aggravating circumstances. This article through analyzes believed that "who supervises" after the accident which cannot be viewed as escaping after that "accident", neither instigator of crime of concealing the murder, should be treat to be prejudice to testify crime. Second, for this crime to adjust to the detriment of the scope of testifying behavior of space and time, this article through to the legal interests and constitutive requirements of crime behavior is analyzed, it is concluded that the implementation of a breach of the witness behavior time span covered before litigation, litigation and litigation after the conclusion in the whole process, thus certain case of behavior constitute this crime.