Basic Issue Studies On The Crime Of Disturbing The Court Order

As the site where the judicial authority is exerted,the court has represented the judicial order and also served as a means of resolving the dispute through the law.Whether the proper order in the court can be safeguarded will directly influence the maintenance of judicial authority and the demonstration of legal sanctity.Therefore,the criminal law should be involved in safeguarding the court order and judicial authority,which is also an indispensable part of realizing the rule of law in China.In 1997,the regulation regarding the disturbance of court order was included in the criminal law for the first time.Due to the backward legislative technique and the limitation of judicial system,the regulation of the violation has not been realized effectively in the recent 20 years of legal practice in China,also failing to safeguard the judicial authority as expected.With the worsening conflict between defense attorney and judge in recent years,especially the emergence of those lawyers who adhere to their own opinions strongly,the traditional mode featured by the mutual restriction,division of labor and mutual cooperation between accuser,defendant and judge has been under impact,thus greatly disrupting the court order.Hence,the crime of disrupting court order has been amended in the 37th article of the Amendment of Criminal Law(9).The scope of the crime has been also enlarged so as to better deal with the increasingly more complicated situation in the court trial.Many scholars have expressed their concern over the enlargement of the scope of the crime in the amendment.They point out that the scope of the crime of disrupting the court order may have been enlarged improperly,which is not in line with the criminal law’s function of safeguarding the liberty.The logical framework of this paper is as follows.By proving that the legal provision regarding the crime conforms to the principles of equality,necessity and proportionality as well as satisfies the requirement of safeguarding the judicial authority and preventing the crime,this paper has confirmed it as being necessary and justified.The value of this paper is to better define the crime of disrupting court order.Moreover,the protected object of the crime will be also discussed.Besides giving a deep insight into the concept of disrupting the court order,this paper has explained the reason for the disorder in the court as well as the possibility of restoring the order.In addition,the key to protecting the court order should lie in two types of behaviors disrupting the court order.The features of each behavior have been analyzed so as to improve the preciseness,distributivity and operability of the crime in the judicial practice.