Theory Of Disrupting The Order Of The Imputation Of Sin And Its Applicable Law

On November 1,2015 amendment to the criminal law of the People's Republic of China(9)officially promulgated,the amendment(9)is introduced in the context of judicial reform era,proactive and adaptability of judicial reform.The amendment of the(9)many of the provisions of the legislative purpose is to maintain the socialist rule of law and promote the judicial credibility.The people's court as the specialized state organs exercise their respective powers,its authority can't be ignored,maintain the good order of the court can enhance the credibility of the legal system and also can improve the working efficiency of the court.China's judicial system in the substantive law and procedural law are rules to main tain the order of the court.In the substantive law level,for the regulation of the order of the court after a series of development into got rapid progress,as a legal person we are pleased to see our "king" is endowed with the meaning of the update and the higher authority.Until 1997 when the revision of criminal law,disrupting the order of the court's behavior was established,was designed to regulate,which embodies in the field of criminal law to disturb the order of the behavior,also means that the protection of the maintenance of the order of the court from the general to special protection.In the procedural law level,all three lawsuits have provisions for disturbing the order of the court behavior,for the average behavior of disturbing the order of the court,the people's court may directly give the judicial punishment,but to have constituted a crime of disturbing the order of the court without specific procedures.In this paper,through extension of clear breach of the order of the courtroom and the characteristics of the crime behavior patterns,with the help of constitutive requirements research distinguish crime and non crime,clear legal problems in the process of apply,lay a foundation for further research.