Research On The Criminal Legislation Of Contempt Of Court

The contempt of court disorders the court and harms the authority of court. To punish the act with criminal law is an important regulation way. It was put forward to promote the legislation of contempt of court crime and perfect the prosecution mechanism,which embodies the authority of the protection of the court. "Criminal Law Amendment(9)" revised and increased some crimes, set parts of the common contempt of court acts as a crime. But there are still flaws in the legislation of criminal legislation and the unreasonable prosecution procedure. This article begins with the analysis of semantics and defines the meaning of the act of contempt of court, and the classification of the relevant criminal legislation in China, based on the analysis of the existing problems in the legislation, give some advices by the comparison to foreign law and experience on the foundation of revelation to questions in the criminal law. The paper is comprised of four parts:The first part is the summary of contempt of law, including the definition and type. It is the act that disorders the court and harms the authority of court in the way of words, action and negative resist for the purpose of violating the court’s authority, disordering the justice and perverting the course of justice. According to different standards, the act can be divided into criminal contempt and civil contempt, direct contempt and indirect contempt.The second part is the condition and question of legislation. In terms of entity, as we can see from 1979 criminal law to Law Amendment(9), the criminal law increased specific crimes and expand the facts about a crime to response the question of justice, which inevitably lead to legislation. For example, the acts of trial by media, litigant participant resistance to duty and the retaliation to litigant participant outside judicial officers, witness and their near relatives. In terms of procedure, the public prosecution to direct contempt has some problems, such as inefficiency, bad sanction effect and unguaranteed started procedure.The third part is the foreign legislation and enlightenment. According to the investigation and comparison, three conclusion can be drawn: the criminal net is more strict and the guarantee to court order and authority is more comprehensive; the advantage of centralized legislation is worth learn for us to resolve the flaw; the straight trial system is superior to the public prosecution in efficiency, effect and start of procedure.The fourth part is the legislation idea of contempt of court. In terms of entity, it is necessary and within trend to increase the crime for stabilizing the criminal law. Therefore, we should increase the typical crime and form the crime system both specific crime and typical crime. The special law should be adopted before the common law when enactments overlapping. In terms of procedure, aiming at the flaw in procedure, we should introduce the straight trial system by the analysis and under the premise of limited the right of judges to increase efficiency and maintain the authority of the court.