Research On Crime Of Disrupting Court Orders

The fourth Plenary Session of the 18 th CPC Central Committee "decision" mentioned: "to improve the disciplinary organs exercise their functions and powers according to law,obstruction of justice refused to carry out the effective judgments and decisions,contempt of court authority and other criminal acts of law." The authority of court has aroused people’s attention and consideration.In recent years,three major procedural laws are provided in regulations for certain types of recurrent contempt can be fined or detained,but some of them do not conduct criminal law for the crime litigation law regulations,causingthe heaviest measures can not cope with the grim situation in the practice of judicial detention.This behavior intensified and it makes our country’s court authority suffered serious derogatoriness.In view of this,and to implementthe spirit of the "decision",the "criminal law amendment(nine)" involvesa few changes to safeguard judicial authority,one of which is "crime of disrupting court order".Among them,especially in the new third acts of insult,slander,the threat of judicial officers or litigation participants caused widespread controversy.Regardless of whether the legislation is aimed at the legal profession,the need for more detailed explanations of the new behavior in order to prevent its abuse.I want to modify the background of the provisions,clearly the rationality and deficiency of law,combined with judicial practice problems and new problems,focusing on the understanding of the revised regulations on crime,from the substantive and procedural aspects of the understanding and application of analysis,in order to benefit the practice.This paper is divided into three chapters:The first chapter analyzes the practice background and legal basisof the modification and explores the rationality and deficiency of practice,by combing the relevant news and judgments,summing up the practice of disorder of the court.In recent years,all kinds of the behavior of disturbing the order of the court happens frequently,such as beating the participants in the proceedings,tearing up the litigation documents and evidence and other acts of violence etc.And ithas caused great depreciation of the judicial authority.Considering this kind of behavior has personnel harm degree with the mob disrupt the court,this amendment identified them into the type of behavior of this crime.For the insult,slander,threat behavior of disturbing the order of court into the slightly hasty words,normative strong,easy to fall into the morass of abuse,is not conducive to the protection of the defense defense functions,should be given to the lawyer’s speech immunity.Under the framework of the existing provisions,in order to eliminate the adverse effects of hasty repair law,it is needed for the strict premise of definitizing "insult,slander,threat".The second chapter analyzes the limitation of the application of the new type of behavior from the substantive point of view.A detailed analysis of the "insult,slander,threat","listen to the court to stop" and "seriously disrupting the court order".The relationship between "defamation and insult" crime of disrupting court order with the crime of insult,libel is the special law and general law,the "insult" is not only limited to violence,the words on the spot caused serious consequences,insulting to force the court was forced to interrupt,can also be identified as this crime.The contents of insult,slander and threat need to be aimed at the personal rights of judicial personnel,and to exclude the evaluation opinions issued by them.Combined with other relevant laws,the author points out that the judge should give priority to the use of non penalty court to maintain the order of the court,so as to ensure the final means of punishment.For the serious understanding of the order of the court,should caused serious consequences on the spot,and caused the court hearing or sentencing be forced to interrupt.The third chapter analyzes the application procedure and jurisdiction of the crime.According to the academic viewpoint,this crime should learn from extraterritorial to render a judgment on the spot directly.By combining with the international trend and domestic reality,this paperholds thatit is unreasonable,and clearly should not be blindly imported from the extraterritorial countries such judgment practices directly at the expense of procedural justice.In addition,due to the lack of clear legal provisions of the crime,the practice of confusion,that should be provided for the crime of adhering to the principle of avoidance of jurisdiction,to ensure procedural justice and fairness.In the conclusion part,is some suggestions on the perfection of the court order and the expectation of the court order.The order of court is a systematic project,which involves the whole judicial reality of our country.