Research On Judicial Identification Of The Crime Of Disturbing The Court Order

The Court,as the state adjudicatory organization of a country,is the special place for interpretation of national fairness and justice.Good court order is the prerequisite to achieve the justice of trial procedure.Only when procedural justice is guaranteed,can substantive justice be realized.With the litigation activities increasingly becoming the main way to resolve disputes,it has become an unnegligible phenomenon in our country to disturb the court order has of trial process.It not only seriously hinders the normal activities of our trial organization,but also the construction of China’s law-ruled society.In 1997,when the Criminal Code was amended,the crime of disturbance of court order was set up for the first time in order to protect court order.However,the enforcement of the 1997 year’s Criminal Code fails to contain the disturbing activities.After analyzing the current situation of the implementation of the Code,the writer concludes that there are no restrictions to the occurrence of court-disturbing crime in both region and form.In order to better safeguard the order of the court in our country,on the basis of the original crime of disturbance of court order,legislators expand the confirmation of the behavior guilty of this crime and refine the specific charges in The Amendment of the Criminal Law(ix).However,there have been controversies in the fields of criminal code and the bar on the application of the crime,and the two newly-added terms for particular.Based on the present implementation of the crime of disturbance of court order,this paper makes an in-depth study on the problem of judging the crime of disturbance of court order so as to guide the judicial practice.In order to clarify how to affirm the crime of disturbing the order of the court in the judicial practice,as the author believes,only when the confirmation of the crime has been made clear and definite on the basis of better understanding of the judicial application of this crime in recent years,can better interpretation of the revised version of law regarding the crime be achieved.This paper first sorts out the relevant cases from Peking University Law website and China Judgments Online website,and then analyzes the current situation of enforcement of the crime of disturbing the court order in the way of taking data statistics concerning the cases from such five aspects as geographical distribution,pattern of behavior,crime behavior,judgment year and extent for punishment discretion.Through the comparative analysis on the original version of The Criminal Law(ix)and the revised one,it is concluded that on the one hand,the revised term concerning the crime in The Amendment of the Criminal Law(ix)has solved such current judicial problem as the limited applicable range of the old law,on the other hand,the revised law still has ambiguous definition on some specific problems,which should be improved.Having studied on the current situation of judicial application of the crime of disturbance of court order,this paper makes detailed analysis about both the objective and subjective aspects of the crime in the hope of solving the problems occurred in application.In the subjective aspect of this crime,there has been a dispute on whether or not the court order disturbing act should be convicted caused by others wrong doing or the court’s wrong judgment.In view of this problem,the writer makes discussion with sample cases in judicial practice.As for the objective aspect of this crime,the newly-added patterns of behavior in The Amendment of the Criminal Law(ix)have aroused controversies.Based on the interpretation of academic viewpoints,for the sake of clarifying the objective aspect of this crime,the paper by combining relevant application of the crime emphatically explains the newly-added vague terms such as "insult,defamation,threat","ignorance of court disapproval","serious disturbance of court order" and "severe violation".The paper,in terms of objective aspect,subjective aspect,behavioral object and crime time respectively,also compares the other crimes connected with the one of court order disturbance such as the crime of disrupting public service,the crime of affray,the crime of insult.Besides,this paper makes a theoretical study on some special cases and difficult problems in current judicial status.Apart from this,as for the crime patterns and complicity forms of court order disturbance,this paper mainly analyzes the punishment methods when the criminal action of court order disturbance and violation of other crimes occur at the same time,as well as the cases when some defrauders deliberately cause serious injury or death beyond restraints.