Critical Analysis Of The Crime Of Disturbing The Court Order

In our country,there are more and more constraints on lawyers and they shall be investigated and dealt with criminal responsibility in accordance with the law.Especially under the background of the emergence of the screwing send lawyers and their act of defense,the amendment of the crime of disturbing the court order will inevitably lead to the attention of lawyers.The purpose of the modification is to maintain the authority of the judiciary and the normal court order,but also to protect the judicial staff and litigation participants,of course,lawyers are also included-However,since the advent of "Amendment 9",the legal person,especially lawyers have pay close attention on it.Many lawyers remain unconvinced even take a skeptical attitude on the "Amendment 9".According to Article 37,the amendment's motivation and reason of Article 309 of the Criminal Law have a certain connection with gradual appearance of screwing send lawyers in recent years.Or at least Article 37 can be said that it aimed faintly at lawyers' bottomless violent court behaviors.This is the reason the Article 309 of "Criminal Law",while regulating the lawyers' professional behaviors and protect the personal safety of lawyers,but touched their long-time accumulated pain,so that defense lawyers feel the lack of professional dignity and there is no safety for professional behavior.At this time,add a strong subjective factors like the "insult,defamation,threat",.which can be explained into different meanings,and those which can also be expanded into the interpretation of the "other serious behaviors which disturb the court order",the problem will follow.There are two major problems in Disturbing the Court Order in terms of the legislation of lawyers' practice rights and behavior:firstly it must be used when it should be,then to prevent the abuse of it.Through the methods like the literature research,empirical analysis,historical investigation,case analysis,this article combines with"Amendment 9" and the "people's court rules" implemented in May 1,2016 and other provisions.In order to apply the new law and to protect the rights of lawyers,from the impact of the law on the lawyer's practice right to the regulation problems of the law enforcement on lawyer's practice,finally to make practical recommendations.