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The Research On The Behavior Of Crime Of Disrupting Court Order

Posted on:2018-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:W J LiuFull Text:PDF
GTID:2346330518469700Subject:Law
Abstract/Summary:PDF Full Text Request
Throughout the world legal history,to disrupt the order of the courtroom and damage behavior of judicial authority,both Anglo-American law system and Continental law system,shall be the legal sanction.Criminal law amendment(nine)has carried on the major revisions to disrupt the order of the crime,the behavior of the expanded a breach of the order of the court,a good response to the legal requirements,but also caused great controversy.Some scholars think that the modified to increase the insult,slander,threat of the behavior of the participants in the proceedings and insult,libel,stir-up-trouble crime co-opetition relationship exists in the behavior,can through the insult,libel and stir-up-trouble crime to disrupt the order of the behavior regulation is not reasonable,don't need to increase to disrupt the order of the objective behavior.Legal profession has a view to increase the criminal behavior may be lead to the crime abused easily,which would limit a lawyer to defend,even can't defend.The author thinks that the main reason for the disputes is disrupting the order of the definition of crime objective behavior is not clear,therefore,the author from disrupting the order of the court of modify the background,combined with the crime of crimes described,research on the conduct of the order on the court.First is the introduction part,mainly elaborates disrupt the order of the revision background,modify the content and the point of view.Second restrictive conditions for the order of the courtroom behavior were analyzed,and the behavior of the time and place conditions for details.Finally is to disrupt the order of the conduct of the crime one by one,by mutandis the provisions of general provisions of the criminal law and in the specific provisions of similar crime,combined with the breach of the order of the court indictment,attempts to define the meaning of individual behavior,analyze the behavior of the dispute and clarify his own point of view,can hope to disrupt the order of the crime in the judicial practice used to provide the reference.
Keywords/Search Tags:Crime of Disrupting court order, restrictive condition, behaviour, define
PDF Full Text Request
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