On The Application And Perfection Of The Crime Of Disrupting The Order Of The Court

Court is the judicial organ,is the special place to annotation national justice.Good order of the court is the premise to realize the process of a procedural justice,procedural justice guaranteed,substantive justice can be realized.As the litigation activities become the main way to resolve disputes,people increasingly phenomenon of disturbing the order of the court has become the problem can not be ignored in the process of trial in our country.This not only seriously hindered the normal activities of judicial organs in our country,also hinder our country the construction of the rule of law society.In order to protect the order of the courtroom,"criminal law" revised in 1997,for the first time to set up the breach of the order of the court.Lawmakers in order to maintain the order of the court of our country,in the "criminal law amendment(9),to disrupt the order of the original sin as the foundation,expand the object of this crime behavior,detailed the specific charges.But,of course,the revised to disrupt the order of the sin on the legislation is not perfect,the certain deficiencies.As mentioned above,China's breach of the order of the court of criminal penalties on the clarity and abroad there is a big gap.To disrupt the order of the court criminal sentenced to criminal punishment,the judge can in fixed-term imprisonment,criminal detention,public surveillance,and choose one of the fine,deprived of or restricted free period with no clear rules,the amount of the fine nor make any restrictions.Fuzzy give a penal provisions to at the discretion of the judge is too high,this will not only pose a threat to the lawful rights and interests of the actor,also easy to cause the phenomenon of "different connection with the sentence".In addition,on the penalties disrupt the order of the courtroom over foreign similar crimes in our country.Heavy penalties can achieve the purpose of punishing crime,but may cause infringement to the lawful rights and interests of the person.Therefore,this paper argues that the revised disrupt the order of the sin on the provisions of the punishment of criminal penalty has certain defects.In addition,the revised to disrupt the order of the crime includes four kinds of behavior,butlegislation is only one of the two kinds of behavior rules on the threshold into the sin,not for the other two kinds of behavior into the crimes specified conditions.So easy to make the judge will not provided in the judicial practice in handling behavior as a behavioral offence crime conditions,not only easy to infringe citizens' legal rights,but also will cause the waste of judicial resources.Therefore,the adjusted to disrupt the order of the court on the problem of crime in the crime standard also exists certain flaws.Applicable status quo of the crime of this article to disrupt the order of the court as the foundation,and combining with related theory,in-depth study to disrupt the order of the lack of legislation and the perfect of sin.