Research On The Legal Regulation Of Disturbing The Order Of The Court

The realization of the substantive litigation rights of the parties can not only be separated from the fair judgment of the judges,but also need an orderly and efficient process of the trial to be guaranteed.Disorderly trial activities will not only infringe on the substantive rights of the parties,but also cause the waste of judicial resources and the damage of judges,courts and legal authority.In recent years,with the increase in the number of lawsuits,the number of acts of disrupting the order of the court is increasing,and the way of behavior is increasingly diversified.How to protect the judge's right to maintain the order of the court,to effectively regulate the behavior of disrupting the order of the court,in order to achieve the orderly conduct of the trial activities,judicial practice has become an urgent problem to be solved.On the surface,the current legal regulation of disrupting the order of the court has been very sound,criminal,civil and administrative litigation three law and relevant judicial interpretations of the Supreme People's court has made the provisions of the act,however it still has many problems in the operation: the definition of the behavior of the existing legal provisions the problem of repetition,fuzzy definition,leading to different recognition of the same behavior;on the behavior of judicial punishment and penalty punishment procedures also exist many problems.The causes of these problems include the excessive restriction of the judge's discretion and the lack of the court supervision function of the procuratorial organs.The extraterritorial legal regulation on the behavior of disturbing the order of court have provisions,but because of the traditional legal and judicial environment,should not copy the provisions,however,the relevant judicial sanction foreign decision has certain reference significance to the right of ownership and the penalty of disciplinary procedure trends.In view of the deficiency and reason of the legal regulation of disrupting the order of court,the author puts forward some countermeasures to perfect the legal provisions of this act,which will help to ensure the smooth progress of the trial.