Legislative Reflection And Reconstruction Of The Crime Of Disrupting The Work Order Of State Organs

Chen zhu,vice chairman of the standing committee of the National People's Congress,Wen fujiang and other members considered the legislation of the crime of disturbing the work order of state organs,and believed that in view of the fact that some individuals repeatedly did not change their ways in making visits to state organs and seriously disturbed the order of state organs,the regulation of this crime was added,and the legal connection was realized after the abolition of the reeducation through labor system.According to the above legislative data,it can be seen that the legislative intention of the crime of disturbing the work order of state organs is mainly to regulate the abnormal petition behaviors such as pestering and making visits,which are frequently happened in practice,and maintain the work order of state organs by criminal law.In essence,pester visit,disturbance visit and other abnormal petition behaviors are a way for citizens to seek relief when they exercise the right of petition and express their interest appeals.Even if the exercise mode is unreasonable,it cannot be regarded as a crime without distinguishing whether the behavior has legitimate appeals or not.Responding to and solving citizens' demands is a part of the work of state organs.The purpose of the work order of state organs in this work content is to better respond to and solve citizens' demands.Without considering whether the "disturbing" behavior,such as pester or make a visit,has a legitimate motive or not,and they are punished by the criminal law because of their unreasonable way of appeal,it will make the working order of state organs lose its purpose,leading to the empty legal interest of the working order of state organs protected by the criminal law.Therefore,the legislation of the crime of disturbing the work order of state organs is inconsistent with the theory of legal interest protection.In addition,the frequent occurrence of abnormal petition behaviors,such as pestering and making visits,can be attributed to various and deep-seated reasons,including profound social reasons,historical and cultural reasons,reasons of the petition system itself,and reasons of grass-roots governments,etc.Abnormal petition behavior is a social problem that cannot be effectively solved in the current stage in China.Criminal law is not omnipotent.If other factors are not improved,it will not achieve the purpose of effective regulation of "disturbing" behaviors,such as petering and making visits,so as to maintain the work order of state organs.Therefore,the legislation of the crime of disturbing the work order of state organs violates the principle of modesty of the criminal law.On the abstract legal interests of the state organs work order protection should be no damage of the citizen's freedom and development as the prerequisite,legislative design of "the administrative penalty is still not correct" and can't reach out with the purpose of the legitimate interests demands petitioners into sin,have legitimate interests demands petitioners by way of exercise itself suffers a penalty as unreasonable punishment,not only can cause damage to the exercise of the right of letters and visits,more serious will cause damage to the interests of the citizens great appeal,therefore,disturb the order of the state organs work sin is unconstitutional legislation spirit.Based on the theory of law and interest protection,this paper carries out the first level of reflection,introduces the principle of proportion to carry out the second level of reflection,and analyzes the unreasonable aspects of the legislation of crimes disturbing the work order of state organs.Finally,in order to make up for the unreasonableness of the above legislation,two Suggestions are put forward to limit the motivation of rights protection and clarify the "causes serious consequences".