First, the concept of the crime of disturbing court order (Article 309 of the Criminal Law) refers to the act of gathering people to make trouble, attack the court, or beat judicial staff, which seriously disturbs the court order. Second, the composition of this crime (1) Object Elements The object of this crime is the normal activities and order of the court in hearing cases. The court is the place where the people's court hears litigation cases according to law, including both formal and fixed places for hearing cases, such as trial courts, and informal and temporary places for hearing cases, such as the place where the circuit court holds temporary sessions in the place where the case is filed; It includes both indoor court venues and outdoor court venues, such as those used for public trials. The cases tried by the court include civil cases and economic cases, as well as criminal cases and administrative cases. The judicial organization can be a collegiate bench or a sole court. The court is the place where people's courts exercise state judicial power, hear litigation cases and conduct litigation activities. The court has great dignity and seriousness. Court order refers to the order that the participants and observers in the proceedings are required to observe and maintain in order to ensure the normal and smooth activities of the court in hearing litigation cases. Court order is an important legal guarantee for the people's court to correctly apply the law and realize the court's trial function, which seriously interferes with court order. It is a contempt for state power and a rude trampling on the law, which not only destroys the normal court trial activities, but also brings great threats and damages to the personal safety and public and private property of the participants in the proceedings. It is necessary to impose criminal sanctions on this kind of behavior. The second paragraph of Article 16 1 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates: "Whoever gathers people to make trouble, attacks the court or insults, slanders, threatens or beats judicial personnel or participants in litigation, which seriously disturbs the order and constitutes a crime, shall be investigated for criminal responsibility according to law." The third paragraph of Article 10 1 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "Anyone who disturbs the court, insults, slanders, threatens or beats the judge, and seriously disturbs the court order, shall be investigated for criminal responsibility by the people's court; If the circumstances are minor, they shall be fined and detained. " Paragraph 5 of Article 49 of the Administrative Procedure Law of the People's Republic of China stipulates that if a litigant participant or other person "obstructs the staff of the people's court from performing their duties or disturbs the work order of the people's court by violence, threat or other means, which constitutes a crime, criminal responsibility shall be investigated according to law. The People's Court of People's Republic of China (PRC), published in the Supreme People's Court on June 1 993+February1,shows that according to the existing relevant laws and regulations, those who interfere with the court order and the circumstances are serious should also be investigated for criminal responsibility. In judicial practice, especially in the trial of economic cases, civil cases and administrative cases, the phenomenon of disturbing the court order occurs from time to time. During the trial, some people were noisy or noisy, or many people stormed the court, or beat judicial staff. These acts have seriously disturbed the court order and hindered the normal trial work of the people's courts. Some even caused the trial activities to be suspended and unable to continue, causing personal injury, seriously infringing on the dignity and legal seriousness of the people's courts, with great influence and deep harm. (II) Objective Elements This crime is objectively manifested as the behavior of the perpetrator gathering people to make trouble, attacking the court, or beating judicial staff, seriously disturbing the court order. 1. Judging from the time of committing the crime, the crime can only occur during the court session. The trial, from the announcement of the trial to the announcement of the adjournment, includes court preparation, court investigation, court debate, court mediation, court evaluation, court verdict and other stages. , including the first instance, the second instance, and the retrial of the application of trial supervision procedures. 2. From the location of the crime, this crime is limited to the court hearing the case. The word "inside the court" here should be understood in a broad sense, including disturbing the court order in the court, disturbing the court order near the court, beating judicial staff who are participating in litigation activities outside the court or chasing them from the court to beat judicial staff. In court, it should be regarded as disturbing the court order; It includes not only criminal acts and criminal results in court, but also criminal acts or criminal results in court. If the act and result do not occur in court, it does not constitute this crime. 3. Judging from the criminal behavior, it must be an act of gathering people to make trouble, assault the court or beat judicial staff, which seriously disrupts the court order. The so-called rally means to rally more than three people. Noisy refers to activities that interfere with the normal conduct of trial activities, such as making noise, making noise, disturbing, making noise, accusing, slandering, insulting and broadcasting noise in or around the court. The so-called shock mainly refers to forcibly breaking into the court without permission and dissuasion; Throwing stones, dirt and dirt at the stadium; Beating the parties, witnesses, experts, defenders, translators and other participants in the proceedings in court; Destroy doors and windows, tables and chairs, microphones, stereos and other equipment and facilities, and other violent activities. The so-called beating of judicial staff refers to beating judicial staff who perform official duties in court, including judges, jurors, prosecutors, bailiffs and clerks. Beating judicial staff who are going to attend the trial outside the court should also be considered as beating judicial staff for this crime. Beating a judicial officer who has not appeared in court or is preparing for a court session, such as beating an investigator who is interrogating a criminal suspect or witness at the investigation stage and beating an executive of a people's court at the execution stage, cannot be punished as this crime. If it constitutes a crime, it should also be another crime, such as obstruction of official duties. In addition, this crime must be necessary to seriously disturb the court order. Although there are acts of gathering people to make trouble, storming the court or beating judicial staff, if there is no serious disturbance to the court order, it cannot be punished as this crime. 4. Judging from the results of the crime, it must be an act that seriously disturbs the court order to constitute the crime of disturbing the court order. Seriously disturbing the court order, mainly including the following situations: (1) For despicable personal motives and purposes, such as revenge, anger, insult, etc. ; (2) Gathering people to make trouble and assaulting the court; (3) Disobeying dissuasion and stopping, and repeatedly interfering with the court order; (4) Causing damage to court facilities or personal or mental damage to judicial staff, or disrupting court order, forcibly interrupting court trials, and being unable to continue to hear cases normally; (5) other acts that interfere with the court order, resulting in the court hearing cases can not be carried out normally, resulting in serious adverse social impact. (III) Subject Elements The subject of this crime is a general subject and can only be a natural person. Any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of disturbing court order. Specifically, it can be divided into the following three categories: (1) participants in litigation. Such as public prosecutors, judges, clerks, appraisers, translators, parties themselves, legal agents, agents ad litem, defenders and other participants in litigation who disturb the court order; (two) the observers did not abide by the court discipline, did not listen to dissuasion, and disturbed the court order; (3) Persons who are not allowed to attend the court shall not commit acts that disturb the order of the court, such as setting up loudspeakers near the court, disturbing high-decibel noise, throwing stones at the court, or intercepting people who are going to participate in litigation near the court to insult, beat or besiege. (IV) Subjective Elements Subjectively, this crime is intentional, that is, knowing that one's behavior may lead to harmful consequences to society, he still carries out the behavior and holds an attitude of hope or trust in the occurrence of the result. It is determined (1) that the boundary between this crime and non-crime is 1. Serious circumstances are the necessary conditions for the constitution of this crime, and only the behavior that seriously disturbs the court order has considerable social harm can constitute the crime of disturbing the court order. Therefore, disturbing the court order, if the circumstances are not serious, should not be considered as the crime of disturbing the court order after being discouraged and stopped. 2. The constitution of this crime requires that the perpetrator's subjective sin form is direct intention, that is, the perpetrator is determined to commit acts that disrupt the court order, and hopes that his actions will interfere with the court order. Therefore, it is necessary to distinguish from the crime of disturbing court order those cases that are too loud, misbehave or have excessive words because of emotional excitement, straightforward personality or opinionated opinions. The former line is not intentional and inappropriate for subjectively disturbing the court order, and should not be punished as the crime of disturbing the court order. (II) The boundary between this crime and the crime of gathering people to disturb social order In essence, disturbing court order is also a manifestation of disturbing social order. In the past, in judicial practice, acts that seriously disturbed court order were also regarded as disturbing social order. However, in the case of the crime of disturbing court order newly stipulated in this law, the crime of disturbing court order is separated from the crime of disturbing social order and special provisions are made. Therefore, in this case, if the circumstances of disturbing court order are serious, the special provisions take precedence over the general provisions and should be treated as the crime of disturbing court order 1 From the object point of view, the object of the crime of disturbing court order is court order, while the object of the crime of disturbing social order is the public. 2. The scope of punishment is different. All actors will be punished for gathering people to disturb the court order and thus constitute a crime, while those who gather people to disturb the social order will only punish the ringleaders. (3) The boundary between this crime and the crime of disturbing court order will inevitably prevent judges and other relevant state employees from performing official duties according to law, but it is significantly different from the crime of obstructing official duties: 1, and the object of infringement is different. The object of the crime of disturbing court order is only the court order, and its scope is relatively narrow, while the object of the crime of obstructing official duties is the official activities of state employees, including the court order when the people's court handles cases, and the official activities of other state employees, with a wide range of objects. 2. Different in objective aspects. The objective aspect of the crime of disturbing court order is that the perpetrator disturbs, attacks or beats judicial staff in the process of hearing a case in court, which seriously disturbs the court order, including both violent or threatening ways and non-violent ways, while the objective aspect of the crime of disrupting public service is limited to the act of obstructing state staff from performing their duties according to law by violent or threatening ways, which is obviously much narrower than the crime of disturbing court order objectively. 3. The time and space of crime are different. The crime of disturbing court order occurs in the process of hearing cases in people's courts. From the time point of view, it is limited to the process from the announcement of the trial to the announcement of the adjournment, and from the space point of view, it is limited to the court (in a broad sense). The crime of nuisance of official duties occurs when national staff perform their duties according to law. From the time point of view, it is limited to places where national staff have started to perform their duties, but they have not yet completed them. From a spatial point of view, it is limited to the place where it performs its duties, including both state organs and specific other places. Obviously, the time and space scope of the crime of disrupting official duties is much larger than that of disturbing court order. 4. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or fine. V. Law and Judicial Interpretation [Criminal Law Provisions] Article 309 Whoever gathers people to disturb or attack the court, or beats judicial staff, thus seriously disrupting the court order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine. [Related Laws] Article 161 In the course of court trial, if the participants in the proceedings or the observers violate the court order, the presiding judge shall give a warning and stop them. Those who do not listen to the stop can be forcibly taken out of the court; If the circumstances are serious, a fine of less than 1,000 yuan or detention of less than 15 days shall be imposed. Fines and detentions must be approved by the President. If the punished person refuses to accept the decision on fine or detention, he may apply to the people's court at the next higher level for reconsideration. Execution shall not be suspended during reconsideration. Whoever gathers people to make trouble, attacks the court or insults, slanders, threatens or beats judicial personnel and participants in the proceedings, thus seriously disrupting the court order and constituting a crime, shall be investigated for criminal responsibility according to law. [Judicial Interpretation] Reply of the Supreme People's Court on the Specific Application of Laws in Handling Cases Seriously Disrupting the Court Order (1994.9.26 Fa Fu [1994] No.5) Jilin Higher People's Court: Your Request for Instructions on Confirming Crimes, Applicable Legal Provisions and Trial Procedures in Cases Seriously Disrupting the Court Order has been received. After research, the reply is as follows: If a people's court heckles, attacks the court, insults, slanders, threatens or beats the judge, which seriously disturbs the court order and constitutes a crime, it shall be convicted and sentenced for the crime of obstructing official duties in accordance with the provisions of Article 157 of the Criminal Law. Such cases can be directly tried and judged by the collegial panel of the court. If the original judicial organ is the sole judge, a collegial panel shall be formed to conduct the trial. The people's court shall protect the defendant's litigation rights in handling cases that seriously disturb the court order. Acts that disrupt court order, if the circumstances are serious and constitute other crimes, shall be transferred to public security organs for criminal responsibility according to law.
Legal objectivity:
The crime of disturbing court order belongs to the crime of obstructing justice. The crime of obstruction of justice refers to a serious act that violates the law and uses various methods to hinder the normal litigation activities of the state judicial organs and undermine the exercise of the state judicial power. Whoever commits the crimes mentioned in this chapter shall be sentenced to a maximum of seven years' imprisonment. What can I do before I am arrested? (1) It is suggested to surrender to the public security organ as soon as possible and truthfully confess your actions. Surrender is legal and can be mitigated or given a lighter punishment. Among them, if the crime is minor, the punishment may be exempted. (2) actively cooperate with the relevant authorities, truthfully answer questions related to the case, and refuse to answer questions unrelated to the case without protecting others. (3) Explain the case When explaining the case, the actor can explain what positive measures have been taken to recover the victim's losses after the case occurred. (4) Litigation rights. If there are violations of citizens' litigation rights and personal insults, they have the right to lodge a complaint. What can I do after being arrested by the public security organs? (1) The program is legal. If compulsory measures (such as detention and arrest) are taken beyond the statutory time limit (the maximum detention period shall not exceed 37 days, and the detention period after arrest shall not exceed 2 months), I may request the cancellation of compulsory measures. (2) If the criminal interview is in the investigation stage, then only lawyers can meet, so lawyers can be entrusted to intervene in the investigation stage to understand the case and find out the violated laws and regulations, so as to avoid worse consequences due to ignorance of procedures and laws and regulations. (3) Those who are seriously ill, unable to take care of themselves, or are pregnant or breast-feeding their children and meet the conditions for obtaining a bail pending trial may apply for obtaining a bail pending trial. Trial stage (1) withdrawal If it is found that the judges, clerks and jurors involved in the trial are related to this case, they may apply for withdrawal. (II) Litigation Rights/Personality Rights Judicial staff can sue the court for infringement of their legal litigation rights (such as the right to free debate) and personal insults. (3) The right of cross-examination can know the facts and evidence of the alleged crime during the court hearing. (4) During cross-examination, you can put forward your own opinions on the testimony, expert conclusion and the contents of the inquest record of the witnesses who did not appear in court. (5) To exercise the right of defense and have the right to participate in the court debate and final statement. (VI) Abide by the rules of the trial In the process of participating in the trial, you should abide by the rules of the court and cooperate with judicial personnel to conduct litigation activities according to law.