The Research On The Judical Cognizance Of The Crime Of Disrupting The Order Of The Court

Judging from the revised background of the "Criminal Law Amendment(9)",the expansive revision of the crime of disrupting the court order reflects its legislative value in two aspects:The first is the maintenance of judicial authority.Second,it is also a manifestation of the modesty of criminal law.The time condition for the establishment of this crime is the entire trial process,including the pre-trial,court-in and post-trial stages.And the location conditions should be any place closely related to the trial of the case,which includes both the formal and fixed premises of the court and the open trial chamber of temporary setting for trials.Then Behavior objects including people and objects,the former refers to the judicial officers and participants in the proceedings,the judicial staff shall be defined as judicial officers,procurators and judicial police,and the participants in the proceedings shall include all types of participants in criminal,civil and administrative proceedings;The latter refers to court facilities,litigation documents and evidence,The court facility refers to the equipment to facilitate the smooth operation of the court proceedings,the main body of the litigation documents is limited to the courts and the procuratorates,and the evidence is the material to prove the facts of the case.Besides,The mode of behavior includes eighttypes which are crowd uproar,assaulting court,beating,insulting,threatening,destroying,looting,damaging.There will be situations in which the overlap of articles of law or imaginative jointer of offenses between the crime of disrupting the court order and the crime of assembled attacking the state organs,the crime of intentional injury,the crime of intentional homicide,the crime of insult,the crime of libel,or the crime of intentional destruction of property.The incomplete crime patterns and the joint crime patterns are two special forms of crime,in which The incomplete crime patterns includes he crime preparation,the criminal suspension and the criminal attempt.The type of behavior of“crowd uproar and assaulting court” for this crime should not be deemed as the crime of gathering crowds in the necessary accomplice.The common crimes of the crime of disrupting the court are all arbitrary types of accomplice.