On Crime Of Undermining Supervision Order

At present, under environment of rule of law for supervision and forced reform, the means and behaviours of anti-supervision, anti-forcing and anti-reform by the person in custody are also in rise state, especially the master of the prisoners in the supervision places, and the criminal though not committed to crime but resistant to reform are in the rise year by year. With the increase in number of criminals involved in gang, firearms, and drugs in the jailed mobsters constitution in the supervision organs, and incomplete in restrain and motivation system for the short-term prisoners, the struggle between reform and anti-reform in the jail become more and more severe, minority of criminals disregard supervision principle, and confronting with policemen, and threatening even harming policemen increasingly happen. The acts of undermining supervision order by various means occurred frequently. Due to limit in deterrence on the criminals by administrative means, the normal supervised reform order maintained by legal weapon becomes the major and pressing issue faced by the supervision organs. The new features and new situation present by the criminal of undermining supervision order catch high concern and attention from the supervision organs, so it is very necessary to take a deep research on the crime of undermining supervision order. How to cany out comprehensive analysis on the features and causes of criminals for undermining supervision order crime, and take effective measures so as to create a ordered environment of rule of law for the supervision reform work are the necessity of the legislation, justice, and law execution practices. It is of great theoretical and practical meanings to take deep analysis of legislation defect in term of undermining supervision crime, and forward a framework of improving legislation of undermining supervision crime, so that scientific legal basis can be provided for supervision by law. Good supervision order is a guarantee to effective implementation of criminal management and reform by supervision organs, to impelling criminal's admission for guilt and obey the law for regeneration, also to improving the criminal reform quality by supervision organs, so that the stable supervision places, and peaceful society can be ensured. Meanwhile, a good supervision is a basis to ensure penalty implementation and criminal correction, and is an important guarantee for society public security maintaining, so it is quite necessary to take a deep research over the crime of undermining supervision order. This article covers detail analysis on constitution and features of criminal of undermining supervision order, discussion on justice determination and criminal responsibility of such crime, especially deeper probe for perfection of legislation in crime of undermining supervision order, based on the article 315 of new Criminal Law, and taking many methods such as comparative research and analytical reasoning for preliminary research. This article is divided in 5 parts as follows:Partâ… , through analysis on evolution of undermining supervision order crime, it opens out concept, feature and harm of undermining supervision order act, then, expounds legislation background and progress procedures for undermining supervision crime of Chinese Criminal Law, for laying a foundation for improvement of legislation and justice practice of undermining supervision order crime.Partâ…¡, it interprets concept, feature and crime constitute of undermining supervision crime, take apart some defects in legislation of undermining supervision crime, and it is raised that the undermining supervision crime should be improved in terms of subjective and objective aspects of crime etc.Partâ…¢, it uses comparison method to expound justice determination of undermining supervision crime, and further opens out the basic features of undermining supervision crime from distinction between the crime and non-crime, the crime and other crime, combination of this crime and other crime, as well as co-commit undermining order crime. The good opinion is provided for how to determine undermining supervision crime in the justice practice.Partâ…£, it expounds criminal responsibility of undermining supervision order crime, and tell how to investigate for detail criminal responsibility of offender, after put the particulars of offense, objective aspect and subjective aspect of criminals into consideration.Partâ…¤, the important part of the article, a specific thoughts are put forward for how to improve legislation and justice practice of undermining supervision order crime, by analysis over defects on the regulations for undermining supervision order crime in current Criminal Law. It expounds the main presentation form of the undermining supervision order crime existed in the supervision organ, and objectively analyse the regulation of Article 315 of current criminal law, and regulation of Prison Law, expanse in main elements of undermining supervision order, and research on the undermining supervision order crime subject. It is thought that the specified range of criminal law is too narrow, not benefit for powerful strike the act of undermining supervision order. It is suggested that main subject range of the undermining supervision order shall be enlarged, that means suspect in custody, defendant and ordinary persons shall be included. And it gives the suggestion for improvement of the legislation of the supervision order crime. Also view is provided for undermining supervision crime application shall be according to the objective actual situation in the prison and custody centre etc, to solve the disagreement in the crime application, legislation improvement, and the inadequate article remedy, to avoid treating unjustly or conniving.