Research On The Phenomeno Of Obstructing The Juridical Order

Well-regulated juridical order is necessary for the routine operation of juridical system in China. It is also one of the goals of ongoing juridical reform. Therefore, the phenomena of obstructing the juridical order have long been paid special attention. In the narrow sense of justice, there are differences between the phenomena of obstructing the juridical order and right-protection acts such as petition, pulling banners, sit-ins, etc. In terms of their features, ranges and forms of expression. These phenomena have negative impacts not only on individual cases, but also on the public credibility of judiciary, judges and attorney profession. Many problems implied in Chinese juristic construction can be identified through theses phenomenon, which are worth of reflection. First, Chinese people’s awareness of right-protection has been awaken to some extent, their right-protection acts are lack of reason. Secondly, on the legislative level, the newly modified versions of the "Crime of Disrupting Court Order", "Crime of Refusing to Execute the Judgment" and "Administrative Litigation Law" have made a great progress, but still do not well meet the needs of juridical practice. Thirdly, on the juridical level, the credibility of China’s judiciary needs to be improved, given that the problem of "Believe the Petition System instead of Law" still exists and problems of administrative litigation have not been completely solved in the ongoing juridical reform. Hence, the future work on improving juridical order could be focused on the three aspects presented above.