Reseach Distub The Cour Order And Crime

The order of the court is to judge the level of the law, it should be in order, but in fact, the order has been destructed, the authority has been despised. Since the issue of the Criminal Law amendment(draft) in 2003, it has aroused a hot debate. On August 29, 2015, the Criminal Law amendment(?) has been promulgated formally, the contents of criminal about the disruption of the order was finally settled. It can't be ignored that the Criminal Law amendment(?) has its progressive significance, but every coin has two sides, it also has some insufficient. So, this thesis will be based on the Criminal Law amendment(?), to analysis the disruption of the order. This thesis mainly includes three parts.The first part,introducing the insufficient of the Criminal Law amendment(?). It mainly introduces and analysis of criminal law amendment(?) revision of the content, the crime of disturbing court order value and inadequate. In the content, amendment(?) expanded the behavior object, expanded the types of behaviour, increase the “disruption order of the court ” out of provisions; from the side of value, compared with 97, “criminal law” the 309 th regulation, amendment(?) for the revision of breach of the order of the court, has great progress, in theory the principle of the tolerance in the criminal law and criminal law retribution doctrine and practice is advantageous to the normalization of the order of the court, the return of rationality in the authority of law, with the all-round statecraft in accordance with the law.The second part, introducing the common law countries and the contempt of the civil law countries of obstructing public business, crime against the state power and disturbing the order of the court, and all the charges for the longitudinal comparison. According to the judicial practice in our country criminal law to disturb the order of the crime of transverse comparison, countries outside to disrupt the order of the behavior of the legislation is worthy of reference for our country. In addition, the media reported on pending cases to inappropriate may affect the court case of a fair trial, in common law countries, this kind of act may constitute a contempt of court, it is also worth our reference and the legislature.The third part, the author's suggestions and thinking. Based on the above extraterritorial legislation, the author put forward the corresponding suggestions. According to the article, it shall cancel the “group” schoolroom, impact restrictive provisions of the court to make the cohesion between the substantive law and procedural law more smooth; Specific provision for the judicial officers or participants in the proceedings of the specific contents of the “threat”, overcome the ambiguity concept of “threat”. Make a person reasonable predict their behavior or speech evaluation in criminal law, reduce the risk of the offender for speech convicted in court.