| The nature of justice is reflected by the process in which public power settles disputes in a formulaic way so as to maintain and rebuild the order of social life.The court,as a place of dispute settlement,is involved in the maintenance of social order.However,in recent years,with the awakening of civil right consciousness,being led to a decline in the judicial credibility and courts in China with greater than between supervision of the status quo,lead to debate on contradiction intensified,destruction of the order of the court often leap into the eyes and ears.In particular,some typical events in the spread of new media,the judicial image has caused great damage.Is centered on the trial implementation of the judicial reform,to prevent the abuse of punishment,improve the judicial credibility,in under the background of the punishment to fix(9),applicable to disrupt the order of the crime of criminal law study has practical necessity.To further study of a crime,shall be in the perspective of comparative study and historical study,back to the historical roots of crimes of this crime.Breach of the order of the court from common law countries "criminal contempts" evolved,was first in Britain in the 10th century "despised king writ",then spread to the continent.The breach of the order of the court in our country,formally established in 1997,"criminal law".Before that disrupt the order of the behavior,by obstructing public business convicted and punished.Became an independent crime,disrupting the order of the sin after 20 years has not changed,the old law already can't adapt to rapidly changing social life,until 2014 the punishment to fix(9)on the agenda.During the revision,modification of article 309,disturb the order of the court,caused a legal debate.Since the draft released,aLl kinds of sound,has pros,opponents are abundant.Negative thought,to disrupt the order of the expansion of sin "targeted legislation","open for convicted first",to set out terms also existence rationality,the general law during the repairing method of intense discussion,caused the great interest.Although the punishment to fix(9)on November 1,2015 has been officially began,however,how to correctly understand and apply to disturb the order of the crime is still the current legal work priority.Therefore,in order to comprehensive research to disrupt the order of the crime,and to provide practical reference for correctly apply this crime,the author from the perspective of semantics,the "disturbing" and "court" and "order" in the context of this crime in the specific connotation.And based on the punishment law four elements crime constitution theory,carries on the detailed analysis to disrupt the order of sin,especially analyzes the objective behavior of this crime,intentions accurately grasp the meaning of each legal terminology from the law.Except crime constitution,disrupting the order of the crime also has two implicit requirements:one is the condition of time and space,that is,from announced opening to close,and extends to the court before the trial stage.Second,damage elements,which requires all schoolroom,impact court,beating the judicial personnel and the behavior of the participants in the proceedings,also should achieve "serious" into the standard,to maintain consistency of breach of the order of the court system.In the chapter three puts forward problems,analyzing problems,all is in order to solve the disturbing the order of the crime of criminal law applicable dilemma.The last part tries to elaborate the judicial application of the crime of disrupting court order from five dimensions,namely,strictly abiding by the constitution of the crime,avoiding law abusing and crime indulging,identifying crime pattern,identifying joint offense,and a proposed solution to the practical dilemmas.The author tries to put forward her opinion on how to understand this crime in judicial practice in order to contribute to the judicial interpretation and judicial guidance of the crime of disrupting court order. |
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