Study On The Crime Of Disturbing The Order Of The Court

In the revision of the Criminal Law Amendment(nine),some legal scholars,judicial officers and lawyers to modify the changes to article 309th of the criminal law's high degree of concern,they through the WeChat public and blogging express opinions,expressing opinions in the media,to the National People's Congress Law Committee sent letters form,etc.Proposed amendments to the crime of disrupting the order of the court,caused a great response.The focus of attention has fallen on the application of the law.Because of the controversy of some words,the relevant knowledge should be redefined.With the deepening of the judicial reform to promote the trial centered judicial system is constructed,the order of the court and court authority has put forward higher requirements on the crime of disrupting court order is to provide solutions to this problem.At present,about the crime of disrupting court order some researchers constantly in the discussion,but whether referring to the foreign practices in contempt of court crime in China's criminal law.This paper uses the method of comparative analysis,in-depth analysis of it abroad for reference and lessons;combined with the legislative theory and judicial theory put forward comprehensive suggestions and supporting measures for improvement;inquiry on charges of research from the perspective of Sociology of law cognition,provide evidence for the conclusion.Through legislation and the evolution of the longitudinal comparison territory of crime of disrupting court order,legislation comparison of foreign countries and regions,starting from the sociological analysis of different cognitive cognitive perspective,and summarizes the reference and reference.Based on the comprehensive comparison on the analysis,proposes the research conclusion,Specifically:Set up the scientific ladder of punishment,will disrupt the behavior of the order of the court class,and according to the different situations of differential treatment;The accurate definition of the crime of disrupting the order of the court of the relevant legal language,and play an active role in the legal supervision of the procuratorial organ;When the time is ripe,it is recommended to set up a legal basis for the establishment and judicial authority with reference to the practice of foreign countries;When the time is ripe,set Crime of contempt of court,it is recommended to set up a legal basis for the establishment of a good order of the court and judicial authority with reference to the practice of foreign countries;The application of law to the crime of disrupting the order of court,to provide reference for the further perfection of the crime of disrupting the order of the court and the application of law.