Research On The Crime Of Disrupting Court Order

With the advancement of the rule of law,the law plays an increasingly important role,and the solution to social contradictions is gradually moving closer to the law,thus forming a large number of cases in court cases.The court is the authoritative place to resolve disputes.In court,it should be orderly.The basis for the smooth and orderly review process is that the court has a good order system.For many reasons,the public has rules on order in court.Not enough attention,so that in the course of the trial,there appeared a case that disturbed the order of the court.With the increase in the number of cases,the public's legal consciousness has been continuously strengthened.In 1997,the Criminal Law created the crime of disturbing the court.Although this law has been applied,the number of applications is relatively small,and it has gradually become a "zombie" law.The 2015 Criminal Law Amendment(IX)also amended this crime and added two new ways of behavior,which also reflected the importance of protecting the order of the court.The amended criminal name is not without defects.There are many disputes in this revision.The application of the crime is less applicable,but the form of expanding the behavior is contrary to the criminal law.The three major procedural laws have regulations on disturbing the order of the court.It is necessary to impose penalties.In view of the current court order,there is also a phenomenon of “infrared shooting” for the object of legislation.The reason behind this is that the traditional trial method is incompatible with the rule of law society,and thus causes conflicts in many aspects.The first part is an overview of the crime of disturbing the order of the court.From the beginning of the crime of disrupting the court order in 1997,to the legislative amendment of the Criminal Law Amendment(IX),combined with the current background,it is believed that this revision has played a role in safeguarding judicial authority and guaranteeing The role of lawyers in personal rights and the practice of lawyers' practice is due to the fact that there are more oppositions in the revision of the law.Therefore,this revision provides the theoreticalsupport for equality,modesty,and the principle of a legally prescribed punishment for crimes.From the three theories,it is determined that the modifications are disturbed.In court,it is reasonable to add a type of behavior.The second part analyzes the criminal composition of this crime and interprets it from the perspective of the traditional four constituent elements.When the object is identified,the comprehensive academic circles discuss the theory and determine the crimes.The way in which the similarities in the criminal law of our country are compared is to define the behavior.In the determination of subjective form,scholars hold different opinions on indirect intentions,and by comparing the acceptance of behaviors and results,they believe that they should include indirect intentions.In the third part,in the judicial determination of the crime of disturbing the order of the court,the difference between this crime and the general illegal behavior,because this crime is the coexistence of the behavioral offense and the result of the crime,so the distinction is defined,from the harm of the human body and the social harmfulness,The four types of behaviors of this crime will be competing with different crimes.How to deal with the crime of co-operational,mainly from the two concepts of imaginary competition and legal competition,in the common crime,the main discussion of the crowd Whether there is a problem of joint crime under the form of crime,and finally discuss the criminal form of this crime.Because there are two types of criminal behavior,it is discussed from two angles: plot crime and behavior crime.The fourth part considers the extraterritorial legislation and finds representative countries from the Anglo-American legal system and the civil law system.It is not advisable to establish the contempt of court for the legislative situation that disturbs the court behavior and combined with the existing research in our country.The concept should be refined in legislation.The fifth part analyzes the shortcomings of the legislation that disturbs the order of the court,and proposes perfect suggestions.Judging from the current legislation,there is a lack of macro-legislation system for the crimes in China.There are contradictions between the laws and regulations.The penalties are relatively broad and difficult to operate effectively.The related concepts are confusing and difficult to grasp.Therefore,when the legislation isproposed,the macro criminal legislation model should be improved,the penalty setting should be simplified,and the bottom clause should be deleted to enhance the applicability of the crime of disturbing the court order.