Study On Perfection Of Legislation On Crime Of Disrupting Court Order

The court is the place where the court exercises the jurisdiction of the state in accordance with the law.The court order refers to the rules and disciplines that a court should follow in order to ensure the orderly conduct of court proceedings,as well as participants and auditors.A good court order can ensure that the court hears cases in a timely,fair and orderly manner.On the contrary,the disorder of the court order will damage the interests of the parties and even the judicial authority.In recent years,the incidence of cases of disturbing court order has been on the rise.The 97 criminal law of China has not fully followed the development of the crime's behavior.Although the trial order is generally good,but in the judicial practice,some people ignore the rules of the court,some observers private pull banners,vociferous and disrupt the court;some of the parties in court or even creatingdisturbances,insult,abuse or assault to judge when the incident occurred.These acts seriously disrupted the normal order of the court and seriously affected the judge's trial and judgment of the case.Therefore,the criminal law amendment(nine)amended the crime of disturbing the order of the court.The positive significance of this amendment to this crime is very great,but the legislation of this crime can be perfected.On the one hand,the way of behavior of the crime is not very specific or needs improvement,for example,the contents of "insult","libel" and "threat" are not restricted.On the other hand,by drawing on the relevant provisions of foreign legislation,the provisions of adding "judge direct judgment" procedure and adding "media trial" to the crime are put forward.This article contains four parts:The first part of the crime of disrupting the order of the court.This part mainly introduces the crime of disturbing the order of the court in the amendment of the criminal law(nine)before and after the amendment,as well as the constitutive elements of the crime,and finally confirms the legislative significance of the amendment of the crime of disturbing the order of the court.The second part,the analysis of the existing problems ofthe crime of disturbing the order of the court.This part mainly discusses that after the amendment of the criminal law amendment nine,the crime still exists in the place and imperfections that are worth improving.The third part is the investigation and reference of the international community of this crime.This part mainly investigates the characteristics and principles of the legislation of the Anglo American law system to disturb the court's behavior,so as to draw lessons from our legislation on the crime of disturbing the court order.The fourth part,the legislative perfection of the crime of disturbing the order of the court.This part mainly aims at improving the concept of the existing problems of the crime of disturbing the order of the tribunal.