On The Current Situation,Problems And Perfection Of The Crime Of Destroying The Regulatory Order

In current society,China's policy is to treat criminals according to law so compulsory education reform,the coercive power of the existence of local will be compulsory,anti anti supervision,therefore,in the prison often resistance to reform criminals,in violation of the rules and discipline of the prison of the vicious incident.On the one hand,the emergence of individual "jailhouse bully",has brought great impact on the normal operation of the order of supervision;on the other hand,when there is not in violation of criminal laws but openly resist transformation,one continuous criminal,long-term effects of supervision site stability.However,it is far from enough to punish these criminals through administrative means only through supervisory organs,which can not form a strong deterrent to them.It is urgent to maintain normal supervision and transformation order through penalty.In this context,China's 1997 "criminal law" added the crime of disrupting the order of supervision,provide legislative protection for education reform of China's regulatory authorities of inmates in custody,but also provide a legal basis for punishment against regulatory authorities hinder the normal supervision order,supervision organs of supervision work has played a certain impetus at the same time,also make up a gap in China's legislation,accelerate the process of building the rule of law in china.However,since the accusation has been added for 20 years,because of its legislative defects in the aspects of criminal subjects and criminal acts,plus some practical problems in practice,the application rate of the accusation is relatively low,and its application scope is relatively narrow.At the same time,little attention and research have been paid to the crime of destroying regulatory order in the academic circles of China.This crime is in a state of abandonment for a long time.However,with the continuous progress of the rule of law in China,new requirements for orderly development of all sectors of society are put forward,and the order of supervision is attracting more and more attention and attention.In recent years,in order to eliminate the unstable factors in place to maintain good supervision,supervision order,our prison system will fight to disrupt the order of supervision behavior as a priority,to carry out the special activities,the transfer of the investigation department within the prison of the alleged crime of disrupting the order of supervision cases present growth trend,this is an urgent requirement to improve the legislation related to failure a supervision order crime,punishing criminals to provide adequate legal basis,on the other hand all the prisoners to create a good environment for the transformation to provide legal protection.This paper will be combined with judicial practice,the crime of disrupting the order of supervision for the status quo,problems and perfection of legislation are discussed,the text mainly includes four parts,the general idea is: the first chapter introduces the legislative history of the crime of disrupting the order of supervision as well as the comparison between China and foreign countries,the crime of ancient and modern Chinese and foreign development situation to understand;the second chapter introduces the application the status quo of the crime in the judicial practice of our country,the specific performance of low application rate and narrow application scope.The main reasons include: first,the crime legislation starts late;two is the existing laws and regulations of legislative defects;the three is with the development of society,criminals anti transformation means show a new change to the law applicable to judicial practice put forward new challenges;the four is the historical factors,the use of punishment means to solve the prison crime awareness the third chapter is insufficient;from the legislative perspective,combined with cases,the existing legislation defects of our country crime of disrupting the order of supervision to be discussed,specifically in the law between the poor convergence,practical operability is low;the legal situation is too narrow and some provisions to lose the practical significance;the main body of the crime scope narrow;sentencing range is low;the fourth chapter in the third chapter,the problems,legislative proposals,proposed consummates our country crime of disrupting the order of supervision including: Good connection between the "criminal law" and "Prison Law" and other relevant laws,establish the legal authority;increase the legal circumstances and the adjustment of the legal circumstances in the law of the state;will be held in accordance with the law of criminal suspects and defendants and participate in the implementation of disrupting the order of supervision behavior of ordinary members of society into the subject scope of the crime;to improve and optimize the sentencing range.I hope this paper on the crime of disrupting the order of supervision of China to the legislative perfection of the crime of disrupting the order of supervision plays a certain positive significance,which makes our regulatory authorities to give full play to the functions,to ensure that the laws and regulations of China to correct implementation in the punishment activities,and maintain the safety and stability of our country supervision places order security punishment,and criminal reform work smoothly.