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Disrupt The Order Of The Courtroom Behavior Research

Posted on:2017-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:F F HuoFull Text:PDF
GTID:2346330539485950Subject:Law
Abstract/Summary:PDF Full Text Request
Court is a place to stop disputes,the need to solve the problem through the trial,in itself means that the contradiction to a certain extent,by other means to solve the problem,will be handed over to the court for trial.One party considers that the court’s trial is fair and that the other party may be considered to be biased in favour of himself or herself.Therefore,the judge must strictly according to the procedures and rules of law,it is possible to make a fair decision.Starting from the meaning of disturbing the order of the court,this article summarizes the main scope and category of the behavior.The harm of disturbing the order of the court not only includes the influence of the judicial environment,but also the influence of the parties and the case.The final result is to reduce the trust of the people and the public’s credibility.The court can not let everyone involved in the party are satisfied,it allows the parties to participate in people feel that the relative fairness has reached a very good social effect.Acts of disrupting the order of a court is a variety of reasons exist,from the perspective of the reasons it includes system: such as the lack of judicial independence,judicial procedure is not being taken seriously;of course also includes the impact of individual differences,and the quality of judicial personnel is uneven,the ability to control the trial,between different the bailiff and judges with poor and trial procedure,judicial openness is not timely and other reasons.This paper combines the real case to study the behavior of disturbing the order of court,summarizes the hazards and causes of behavior of disturbing the order of court,put forward prevention to govern the behavior of disturbing the order of court,solution of punishment: to both procedural justice and substantive justice,establish the trust of the people of the law;to improve judicial personnel handling ability and professionalism;suggestions from the aspect of law giving field bailiff necessary disposal right;through the court before the meeting to filter out part of the court dispute and increase the intensity of open justice and other measures to prevent,in addition,to disrupt the order of the court to punish the behavior,the most serious is the regulation of criminal law.According to the "criminal law amendment(nine)" put forward their views on the crime of disrupting court order differences in practical applications that do not respond to crime of disrupting court order from the procedure of special treatment,so as not to undermine the overall coordination of the criminal procedure law.
Keywords/Search Tags:disturb the order of the court, the procedural justice, the crime of disturbing the order of the court
PDF Full Text Request
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