On The Crime Of Disturbing The Order Of The Court

In order to maintain court's order effectively,frighten and break laws and commit the crime, ??criminal law amendment (Nine)??Issue in time, revise the crime of disrupting court's order, through increasing behavioral kind and actor range,etc, have further improved the careful intensity declared guilty,has devoted more efforts to punishing the crime. For this crime of better understanding, this text begins to be started with from the argumentation of the basic concept, discuss guilty the intersection of value and orientation this, until " 4 important documents say " It is the basis, canvass this guilty constitutive elements of crime question thoroughly. At the same time, combine the relevant theory of criminal law, in order to make it convenient for the administration of justice to be practised, I have carried on the discussion to competing and shutting the question of relevant charges such as this crime and crime of disrupting public affair, wounding bodily injury on purpose,etc, until should guilty abortive suspending, the intersection of crime and the intersection of shape and issue such as being accomplished put forward one's own suggestion too. Then this text analyses in depth defect, judicial explanation and disappearance that the related procedure law legislates that the criminal law of our country legislates, think the criminal law of our country is right while legislating " The persons who assemble a crowd " Responsibility getting clearer for regulation,be " assembled a crowd " The number of people, " Threaten " Content and " The charging document " Range last judicial explanation,in addition procedure lack by special contentious procedure at the laws. Finally, to the deficiency that is analysed, this text has been put forward and legislated to improve, related judicial explanation is improved and the procedure legislates on the suggestion of improving three respects. In legislation, propose, make person who assemble a crowd in the crime of disrupting court's order detailed to turn ringleader, positive participant, other participants in legislation, and on the basis of distinguishing the crime and non-guilty, should distinguish the crime on the measurement of penalty lightly and with heavy crime as to those persons who assemble a crowd that should deal with according to the crime. Improve the respect in judicial explanation, propose stipulating the number of people assembling a crowd is three and the above, and increase " Threaten " With " charging document " Correlated with explain,offer for judicial practice facility. Improve the respect in procedure law, this text advocates setting up special contentious procedure in the criminal procedure law, namely direct judicial procedure, let the judge have jurisdiction in court to the behavior that upsets court's order in court, needn't pass the judicial process which investigate the organ, prosecuting department again, thus raise judicial efficiency, maximum maintenance law and judicial authority, do not set up the direct judicial procedure in civil procedure and Administrative Procedure Law at the same time, but should define the corresponding processing procedure.