The Research On The Application Of The Crime Of Disrupting The Order Of The Court

The court is a place where the country perform judicial power and realize social justice. It represents the judicial authority and should be the place of the best order. With the strengthening of the construction of legal system in our country, as a place of solving disputes, the court undertakes heavier tasks, and also becomes a place of social contradiction and conflicts. As the lack of the attention of the court order in our country, the acts of breaking court order happen frequently in these years, and some even cause serious consequences. According to the criminal law of China, article 309 set regulations for the crime of disrupting the order of the court. And in article 37 of<Criminal Law Amendment (9)> which was passed in 2015, the old clause was revised. Two new behavior patterns were added to the crime, it indicated that the problem of disrupting the court order was valued in the field of criminal jurisprudence. Despite it was expressly ruled in the legal system, there still exists many problems and disputes in the specific application of the crime of disrupting the order of the court in judicial practice, like the lack of detailed standards for the judgment of some behaviors, the judgment of subjects, the judgment of criminal cessation patterns, etc. The author starts from the application foundation of the crime of disrupting the order of the court in this article, and analyses the application problems of objective factors, subjects and some criminal cessation patterns. It also analyses some controversial situations in detail. It does all-around and deep-seated research on this crime, and hopes to provide more methods and ideas to solve the order of the court.