On The Act Of Disrupting The Order Of The Courts

Since the founding of New China,the regulation of the criminal law upon the acts obstructing judicial adjudication,such as disrupting normal the trial and order of the court,has developed from nothing and kept on improving.In recent years,acts of disrupting the normal court trials increased significantly in both quantity and form.Amendments(9)to criminal law has further defended the crimes on disrupting the order of the court by adding new acts of disrupting the order of the court in order to adapt to the new situation.The act of disrupting the order of the court refers to that a person conducted three kinds of acts enumerated in the 309 th Act of the criminal law at the places in close contact with the trial in or out of the court in the preparation or the process of the trial.The acts of disrupting the order of the court have specific characteristics,such as the serious violation of the order of the court,the strict conditions of time and venue,and the compound and generality of the acts.From the perspective of the components of order,such acts of disrupting normal order of the court can be divided into three categories based on the venue,the offended personnel and the goods.Each criminal behavior of disrupting the order of the court should be discussed based on behavior modes and behavior objects.The behavior modes for the behavior of disrupting the order of the court for places include gathering crowds,stirring up troubles,shock and attack,and its object is the court;the behavior modes for the behavior of disrupting the order of the court for people include beatings,insults,defamation and threats,and its objects are judicial officers and participants in the proceedings.While the behavior modes for the behavior of disrupting the order of the court for articles include damage,robbery and destruction,its objects are facilities,litigation documents and evidence.Only when understand the definition of specific behavior modes and behavior objects,can we know and learn the characteristics of each behavior of disrupting the order of the court so that we can lay the foundation for defining each behavior of disrupting the order of the court.Each category of acts should be accurately defined to distinguish with other similar perpetrating acts in order to avoid confusion,which presented important significance to the accurate conviction and sentencing and the realization of the functions of criminal law in protection of peoples' legal interests and rights.The perpetrator's acts of disrupting the normal order of the court should be distinguished from those in purpose of performing duties and maintaining personal legitimate rights and interests in accordance with the law in order to avoid generalization,confusion and misjudgment.At the special stage of social development and historical period when the rule of law is not perfect,judicial credibility has not yet been established and the judicial authority has not gained popular support and under the overall background of emphasizing cultivating legal occupation community and promoting judicial standardization and severization,We should understand every crime clearly and correctly,which not only helps to maintain the authority of justice,but also contributes to break the doubts of the public upon judicial justice,and helps to protect the legitimate rights of the Parties.Moreover,the modest and restrained principle of the criminal law should be paid more attention to in the process of determining the acts of disturbing the order of court.