A Study Of The Article 306 Of The Criminal Law

The article 306 is one of the newly added items in criminal code legislated in 1997.Since the article 306 was set in criminal code, the dispute centre on it was never calm down. The viewpoint between the ones who abolish the article 306 and the ones who support the article 306 is highly controversial. Indeed, many lawyers was jailed due to be a suspect of the article 306, however, many lawyers who was suspect of the article 306 was proved to be no guilty. Based on this condition, by analyzing the four constitutive elements of crime, in order to reasonably define the kinds of behavior of defender and legislative agent who behave in the criminal procedure, author hopes to get the uttermost precise legislative intent of the article 306. In the condition that judges understand the character of the behavior of defender and legislative agent which behave in the criminal procedure, they precisely apply the law with the exactly meaning of the legislative intent of the article 306.Besides, by analyzing the elements of the article 306, author will give some proposals toward the shortcoming of the article 306 which make it perfect.This article is divided to four parts:The first part starts with the introduction of the legislative background of the article 306, combined with the various point involved with the article 306. The opinions and the attitude of author toward the article are given in the first part.The second part begins with the analysis of the four constitutive elements of crime of the article 306, such as object of crime, object aspect of crime, subject of crime, subjective aspect of crime. Author will particularly analyzes the content of the object aspect of crime in this part, such as the meaning of the three parts of behavior defined by the article 306, the meaning of"threat"and"entice", and the meaning of the limits of witness.The third part explains how to hand with the condition of the concurrence of law, how to distinguish the article 306 with others which are similar to the article 306, how to understand criminal formation in the article 306.The fourth part is a summarized part. On the basis of exactly analysis of the article 306, author proposes some legislative suggestions which make it perfect, such as expanding the extent of lawyer's disclaimer behavior by revising the second item of the article 306 of the criminal code.