Research On Issues Related To The Crime Of Disturbing The Court Order

Court order refers to the People’s Court in the trial, all the bodies involved in the trial activities, litigation participants and observers shall abide by the discipline and order. One side of the court order is like a prism, a reflection of the relationship between a national litigation between participants and the relationship of the judiciary and the public, which is the order of the court order or disorder directly related to the maintenance of judicial authority and dignity of the law highlight. Based on this, by means of criminal law to protect the judicial authority, the rule of law in all countries of the world to build a consistent legal environment of choice.About disturbing court order conduct criminal regulation, China’s 1997 Criminal Law under the obstruction offense Justice provided disturbing court order crime, but due to limitations and legislative technique behind the judicial system, in the next nearly 20 years of judicial practice, the charges applicable rate has continued to decline, it failed to play its due role in the maintenance of law and respect authority. In recent years, a serious problem of breaching the court order, prosecution and trial conflict alienation becomes conflict and debate showed gradually increasing trend, "Criminal Law Amendment (ix)" in a timely manner to disturb the court order crime and the objective aspects of the expansion, and participated in the proceedings who added the protected object of this crime, and further enrich the crime of obstruction of justice system. But still significant deficiencies in rigor, circumspect and operability. In this paper, the dangers of a large mob to disturb the court order type behavior, the media trial of this crime phenomenon exists subject scope and objective manifestations of aspects of the analysis, with reference to foreign advanced legislative experience on the subject and Objective elements clearly put forward its own insights and counsel in terms of the court order should bear criminal responsibility to be clear, "Sike School."This paper is divided into three parts:The first part is the main definition of the crime of disturbing the court order. This section first binding type mob to disturb the court order and the presence of the main aspects of acts of responsibility and judicial loopholes applicable issue, punishment only the ringleaders and active participants of view, and for the judicial application made perfect recommendations. Secondly, based on the absence of criminal law issues "Media Trial" Phenomenon, combined with relevant foreign legislative experience, that "media pending cases inappropriate comments" incriminating legislative proposals.The second part is the disturbing presence of court order objective problems. This part counts by stating verbatim understand analysis, for the time and place conditions and third, the fourth in a clear definition, disturbing the court order to improve the operability of the crime.The third part is the crime of disturbing the court order, "Sike School" lawyer regulation. Based on this part of our country, "Sike School" Lawyers Legal Regulation ineffective status quo of "Sike" disturbing the order of the court whether the act should be criminally liable if the lawyers to discuss the "Sike" and finally clear "Sike School "lawyers should conduct penalty disrupt be within the scope of crimes court order type of behavior.