扰乱法庭秩序罪的修订:以律师为视角的评判

The Revision of the Crime of Disturbing the Order of the Court:Comments from the Perspective of a Lawyer

《刑法修正案(九)》对原《刑法》第309条的扰乱法庭秩序罪做了修改,在对《刑法修正案(九)》(草案)的讨论中,这一修改是争议的热点问题,尤其是引起了律师界的高度关注。在梳理扰乱法庭秩序罪的修订过程中,如以律师为视角,学界可以发现扰乱法庭秩序罪修订中存在的问题,这就需要对修改以后的扰乱法庭秩序罪的罪体要件进行刑法教义学的分析。

The Ninth Amendment to the Criminal Law of PRC has revised the Article 309, i. e. , the Crime of Disturbing the Order of the Court. During the discussion of the draft of the Ninth Amendment to the Criminal Law of PRC, this revision was a controversial issue, which attracted special attention from the lawyers. This ar- ticle delineates the revision process of the Crime of Disturbing the Order of the Court especially from the per- spective of lawyers and analyzes the problems with this revision. In the final part, this article makes a doctrinal analysis of the objective elements of the Crime of Disturbing the Order of the Court.