The Analysis And Punishment Of Disturbing The Judicial Order

The phenomenon of disturbing the judicial order is a new topic that full of the era characteristics in China.It usually performs that the parties use various outrageous and extreme means that will make things worse in order to put pressure on the court for the reason that they appeal the decision to the court or don’t agree with the practice of the court,or they directly give vent to the judges and even to the judges’ relatives,which in order to achieve the results that are benefit to them.Facing above situations,the court often spend for peace instead of using legal weapons to impose sanction against the visitor.If the court’s pacification met the visitors’ demands,things could get assuaged temporarily,but if the court’s behavior always can’t satisfy these visitors needs,the case may be caught in the cycle of endless lawsuits.There are many reasons for the phenomenon.With the accelerated transformation of social development,the more wide and deep of the scope that between the parties involved in the contradiction,the more difficult for people to deal with.The public’s consciousness of rights safeguarding is rapidly increasing,so the explosive growth of the disputes makes a large number of cases focusing on the court.But the legal consciousness of the public don’t keep pace with it.And there were some people reaping the benefits of visit and then attempting to obtain more economic interest.Under the conflict between officials and civilians,the media who often acts as the public’s natural allies encourages the rioters’ arrogance.And what mostly troubled the public is that the way to protect the parties’ rights is restricted.Compared with the costs of the tedious proceedings,many parties think that solving the disputes by disturbing are more simple and efficient.And of course,our country’s judicial independence and the unprofessional issues in terms of the judge’s quality are also enough to cause the public’s visit.The occurrence of this phenomenon have formed huge impact and obstruction on building our country’s judicial authority and the construction of our law-ruled society.Whatever the visitors have really suffered injustice,their behavior should be within the permission by law.Whether the pressure comes from social public opinion,the Party or the government,the court’s repeatedly concession objectively indulges the visitors,and what’s more important is that making the judicial system broken.The visitors’ behavior makes the judge becomes a high-risking profession,and then the judge make the decision of leaving from the judge team one by one.The judges don’t be treated with the respect they deserved and the court’s daily office environment have been interfered.From a deeper perspective,our country’s judicial authority have been shocked,what’s more serious is that it is an act of ignoring the law and has brought the bad atmosphere to our society.This kind of behavior is not in conformity with the statecraft of "governing the country according to law" in our country,which seriously affects the process of our rule of law and leads to social instability.Therefore,it is necessary that punishing the behavior of disturbing the judicial order effectively as soon as possible.The solution about punishing the phenomenon should eventually be brought into the legal track.There exist laws in our country mainly include the Criminal Law,the Civil Procedure Law,and the Public Security Administration Punishments Law,but there are still many shortcomings.At the legislative level,regarding to the parties’ behavior of disrespect in court,“disrupt the order of the court” in the Criminal Law have a particular regulation,but outing of the court the judge’s safety can not get special protection,which should not be distinguished from the change of the time and space.It is proposed that the crime could be revised as "disturb the order of justice" that means treating the behavior of disturbing the judicial order out of the court as well as in the court.In addition,the Criminal Procedure Law about the relevant rules is in a state of blank.It is suggested that the Criminal Procedure Law should be keeping up with the Civil Procedure Law,and formulating specific provisions soon.At the judicial level,the Civil Procedure Law has detailed mandatory measures for the act of disrupting civil proceedings,but it is difficult for judicial practice to stay the same.The mandatory measures for the interference behavior in the lawsuit shall be interpreted as during the trial process and the period out of the trial.At the same time,it is necessary to strengthen the job security of judge which could enhance the judge’s prestige in the minds of the people.It is also essential that optimizing the judicial relief to the victims,which means it is indispensable to give the victims who have difficulty in living conditions because of the litigation the appropriate financial aid when fighting against those visitors.At the law enforcement level,there exist the regulations in the Public Security Administration Punishments Law have not been effectively enforced in time.Between the public security organs and the judges are short of normal communication which result in taking the punishment seldom when meeting with some minor illegal act in the phenomenon.It is advised that the court should combine several other departments such as the public security organ,and then reach a consensus as soon as possible to eradicate the rampant phenomenon through introducing relevant policy.The most fundamental methods of punishing the phenomenon rely on perfecting our country’s construction of the rule of law.In the process of comprehensively implementing the rule of law,the judicial authority and the judicial credibility need to be consolidated and upgraded,which is the foundation for the court and the judge to survive.The judge as a symbol of justice who knows laws and understands laws should be more strict with themselves by the way of improving the professional level and quality.At the same time,the citizen’s legal consciousness needs to be vigorously popularized.Only the public have a common faith in law,will they actively cooperate with the judicial organ,the construction of our society under the rule of law be more effective and it come into reality that our society maintain prolonged stability.