Study On Typical Crimes Impairing Judicial Authority

It is a universal law in the practice of the rule of law of all countries in the world that criminal law tools are fully applied to respond to challenges that all sorts of illegal acts bring to judicial authority. The thesis chose Study on Typical Crimes Impairing Judicial Authority as the research topic. Based on extensive comparison of relevant laws and regulations of different countries and associated with practical needs of the rule of law and social development in China, the author conducted relatively systematic research on how to effectively prevent and eliminate five sorts of typical crime which impair judicial authority.The thesis is composed by two parts. One part is general analysis which includes 1 chapter and the other is specific analysis which includes 5 chapters.The research purpose of the part of general analysis is, through discussion of essential characteristics of judicial function and judicial authority, to construct a theoretical model for the aim of providing a theoretical basis for analysis of all kinds of particular crimes which impair judicial authority. The research task of Chapter 1 includes three points.The first point is clarification of basic theoretical background of subject research of the thesis. Based on historical observance of the concept judicature and comparative analysis of the function of executive enforcement and judicial function, the author explained the concept and key elements ofjudicial authority. In the thesis, the author defined judicial authority as public strength composed by judicial binding force and public trust and confidence on judicature, which settles social disputes and awakens obedience. Furthermore, the author put forward the opinion that judicial authority requires judicial binding force to be a necessary key element and public trust and confidence on judicature to be the core element. Meanwhile, from the perspective of social-ecology, the author briefly analyzed the necessity of applying criminal law tools to protect judicial authority.The second point is definition of the concept acts impairing judicial authority. Through discussion on the legal properties, the injured objects, direct impairment and indirect impairment, the external acts and the internal acts of judicature, the relationship between acts impairing judicial authority and crimes of impairing judicial administration prescribed in the current criminal law, the author defined acts impairing judicial authority in the typical sense as the acts which, by illegal means, directly impair judicial binding force and public trust and confidence on judicature from outside.The third point is construction of a theoretical model for acts impairing judicial authority on the basis of preceding discussions. In the thesis, the author generalized typical acts impairing judicial binding force and public trust and confidence on judicature into five types, i.e. acts disrupting the order of court, acts impairing determination of facts, acts refusing to execute judgments and orders, acts overstepping judicial function, and acts disparaging judicial dignity.In the five chapters of specific analysis, the author, adopting the method of comparative jurisprudence, conducted respective research on the five typical crimes which impair judicial authority.Three issues are mainly discussed in chapter 2 titled On LegislativelyPrescribed Crimes Disrupting the Order of Court.The first issue is comparative observance of relevant laws and regulations of foreign legal systems. Firstly, it organized and generalized the crime of contempt of court prescribed in the common law system and analyzed respective characteristics of civil contempt and criminal contempt. It also discussed Face-To-Face Contempt of Court (roughly equivalent to the crime of disrupting the order of court) which is one of the eight types of criminal contempt. Secondly, it discussed two sorts of legislative pattern of continental law system to prevent and punish acts of disrupting the order of court.The second issue is explanation of crime of disrupting the orde...