Problems,Causes And Solutions Of Judicial Application On Crime Of Undermining Supervision Order

The accusation of undermiming supervision order is to add charges of criminal law in1997,which has certain effect for prevention against prison undermining the order of thebehavior. However, the crime of self-expressly provides so far, in the reality of theregulatory process and the implementation of less, so that the prisoners on the destructionof the behavior of the regulatory order persisted in its own regulators that type of behaviorto take no effective measures against them, to create a good the supervision order, aserious challenge. At present, in administering prison, forced transformation of the legalenvironment, law enforcement workers, law enforcement requirements becoming morestringent, detainees anti-regulatory, anti-transformation of means and behavioralperformance increasingly diverse. And thus how to use the laws and regulations tomaintain the normal order of transformation, is a serious problem to be solved by thenational regulatory agencies.Article apply to the crime of undermining the order of the status quo, analyzes thereasons for the practice of this crime is low for, and take measures to resolve these reasons.Described mainly from the following three aspects: One is the application situationanalysis of crime of disrupting the order of supervision, find out the existing problems inthe application. Two is the analysis of the reason for the formation of the situation,including the legal provisions of the applicable scope is too narrow, filing standards is notclear, the transformation form change, administrative penalty and criminal punishment thelack of necessary connection and lack of enforcement of the main criminal accountabilityconsciousness and ability. Three is to seek countermeasures in view of the above reason,by expanding the application scope of subject, reasonable definition of the connotationand extension, strengthen legal consciousness, enforcement of the main building for illegalcriminals tracking files and evidence collection system to strengthen the application.The author hopes that by expanding the application of the crime of destruction ofsupervision order to promote and protect the national regulatory authorities to carry outday-to-day management and transformation of the normal and orderly, and play a role andpurpose of discipline, education, transformation of the penalty enforcement authorities,and ultimatelyto achieve management in accordance with the law, which is the nationallegislative, judicial, law enforcement purpose and need.It’s the desire of police andcriminals who want to be good. It also contributes to strengthen socialist legality.