Research On Several Difficult Questions About Judieial Praetiee Of Prejudice To The Crime Testified

Prejudice to the crime testified that in 1997 the newly created criminal offenses, the crime of setting up a timely crack down on acts of prejudice to testify, the maintenance of the dignity of the law to protect the normal judicial proceedings and order the activities have played an important role. However, the Penal Code article 307, paragraph 1, the provisions of the crime of obstruction of witnesses too coarse dry, simple, and the lack of relevant judicial interpretations, coupled with little research on this and do not in-depth, making the theory and judicial practice to testify against the crime of obstruction identified there are some controversial issues and vague understanding of the impact of the decision criteria such cases the seriousness and unity, we can see that the crime of obstruction of evidence to be studied, whether it is improve the existing criminal law or the guidance judicial practice of great significance, in view of this, I write this article.In practice, for there to testify against the crime of obstruction difficult problems identified in the controversy, this paper adopts the method of integrating theory with practice, combined with case tried on the basis of existing research results, combined with the views of different scholars put forward their own humble opinion; and improve aspects of the crime legislation put forward some suggestions to help the crime of obstruction to testify further research and judicial practice. This paper is divided into four parts:The first part of the crime of obstruction object of a crime to give evidence. This section of the case through the focus of the controversy over the introduction of the crime of criminal object of prejudice to testify variety of perspectives, based on the existing laws, using a more objective way scholars to comment separately different points of view came to the conclusion the crime of obstruction object of a crime to give evidence is a simple object, namely, the normal judicial proceedings.The second part of the objective aspect of the crime of obstruction to testify difficult problem analysis. This part of the case with the crime of obstruction of the provisions of testimony in the "witness", "violence, threats and suborn and other methods," "directs others to commit" and "perjury" has the meaning discussed. On the "witness", the author through the legal analysis, that the offense of "witness" to narrow witnesses, not including the victims, experts, etc.; on "violence, threats and suborn and other methods" is concerned, except for this crime of violence, threats and suborn methods, but also include other methods, respectively, of "violence", "threat" and "suborn", "other methods" for analysis, in particular, pointed out that the method for restriction of personal freedom to take violent methods to make arrangements for the working methods of the non - suborn content, but belong to other methods; on the "directing others" is concerned, that "instruction" is also to "violence, threats, suborn and other methods," and the "others" does not extend to restrictions; on the "perjury" , the perjury does not include the provision of false evidence of documentary evidence, and "pseudo" for analysis, an objective that the conclusions drawn.The third part of the crime of obstruction determined to testify. In this section, the author discusses the three main questions: First, the crime of obstruction and perjury accomplice testimony; second, the crime of obstruction to testify patterns of crime and a crime of several crimes; 3 of this crime "serious" punishment to understand the plot.The first question, first of all to testify against the crime of obstruction and perjury linked differences briefly introduced, and then with judicial practice in a difficult case, to testify against the same time committing the crime of obstruction and perjury was an accomplice to explore how to determine the final too Imagine competing principles set out by the crime of obstruction testimony dealing with the conclusions of a crime.The second question, the context of the specific cases, the patterns of crime in terms of, first, whether the crime of obstruction of criminal evidence and preparing for the analysis of crime-free preparation obtained in this crime, and then attempted to discuss the existence of this form of crime, law, academics have positive and negative, said that the author through the legal analysis, finally agreed definitely say that the existence of the crime of attempted obstruction to testify, and the standard attempt consummated a determination is made; in respect of a crime of the number of crime, only the larger dispute, "use of violent means prejudice to the testimony of other offenses committed Shiyou how to recognize the "analysis of this issue, the author point of view by the scholars in the Implicated Offense, imagine competing with the Lapping of Legal Provisions for discussion, results in the adoption of violent means to prejudice the testimony Shiyou Imaginative Joinder of Offenses from committing other offenses according to a felony set at conclusions.On the third question, the second question in this part of the combination of the selected cases, a simple list of what to give evidence for the crime of obstruction, "the circumstances are serious," sentencing circumstances. The fourth section, based on the analysis above, to testify the crime of obstruction of legislation to make some sound recommendations, including: The object of this crime of crimes "witness" to "others"; to judicial interpretation of specific counts; additional unit-based crime criminal subject.