Research On The Constitution Of Crime Of Disclose Or Report The Case Information Should Not Be Disclosed

The crime of Disclose or Report the Case Information Should Not Be Disclosed was established in 2015 by the "Criminal Law Amendment(9).In the internet age,everyone can make his voice through the media.The power of the media to guide public opinion become more and more strong.Media reported by judicial cases to guide the judicial,destroy the order of trial.Demand for this crime is becoming more and more intense,but this crime has not been entered into the judicial process.This paper uses the theory of legal interest to analyze the constitution of this crime and finds the legislative defects in the constitution of this crime.The crime of disclose or report case information that should not be disclosed tends to the judicial order in the interests of state secrets,personal privacy,business secrets,freedom of the press and judicial order.Through the analysis of the constitution of the crime with the theory of legal interest,it is concluded that there are several main reasons for the failure of the judicial application of this crime,including the errors in the scope of the object of the crime,the wrong establishment of the subject of the crime,the lack of provisions in the subjective aspect of the crime and the errors in the legal basis of punishment.To modify the constitution of this crime,one is to establish that the behavior object of this crime is the information that should not be disclosed in the case,and to delete the limitation of"not publicly tried according to law",another is to change this crime from the crime of circumstances to the crime of result;The second is separating the crime into two separate charges,and set up the subject of the crime separately,and clarify the subject qualification of the redisseminators;Third,the subjective aspect of this crime is set up with the intentional cognition degree,so that its subjective interpretation tends to the protection of judicial order rather than the protection of case information itself;After applying the theory of legal interest to improve these four problems,the logical relationship between the criminal constitution of the case information that should not be disclosed in the report is more accurate,and the interpretation of it can achieve the goal of protecting the legal interest of judicial order.