It has been 24 years since the crime of destroying the order of supervision was added,but its application in judicial practice has been controversial,and the judicial application is not very much.This does not mean that the crime of destroying the order of supervision in the place of supervision is decreasing,but on the one hand,it shows that there are some problems in the judicial application of this crime,which leads to its difficult to be better applied in judicial practice.The author studies the judicial application of the crime of destroying the supervision order,mainly starting from the actual work,to explore the practical application value and significance of the crime.Found the existence of its applicable problems,and for the further improvement of the crime of destroying the order of supervision to provide reasonable suggestions.The author thinks that there are three main problems in the judicial application of this crime: one is the scope of the subject of the crime of destroying the order of supervision;Second,the reasonable identification of behaviors that destroy the order of supervision;Third,the judicial judgment of the crime of destroying the supervision order with serious circumstances.From the perspective of judicial practice,the scope of the subject of this crime is mainly limited to the narrow scope of judicial application,which is restricted by the explicit provisions of the criminal law of "criminals detained according to law",so that it is difficult to severely punish the offenders who actually disrupt the supervision order in the supervision places.The author thinks that to explain the scope of the main body of the crime or broaden it appropriately can better crack down on the crime of destroying the order of supervision.The reasonable determination of the crime of destroying the order of supervision should also be combined with the actual situation of the current judicial organs or places of supervision,and the act should be listed and published in the form of clear judicial interpretation after unified standards.This will be more conducive to the investigation organs to handle cases and dare to show their sword to the crime of destroying the order of supervision and enforce the law strictly and justly.Finally,the analysis of the serious judgment standard of the violation of the supervision order behavior,the author mainly refers to the relevant provisions of the judicial organs,combined with their own practical work and the views of relevant scholars,summarized and refined,analyzed the reason for the problem or the serious circumstances of the standard confusion,not operational.On this basis,some suggestions are put forward to determine the standard of serious violation of supervision order.Through the discussion on the judicial application of the crime,we hope that it can not only enrich the connotation of the criminal law theory of the crime,but also provide theoretical reference and suggestions for some difficult problems in the judicial application of the crime. |