《刑法修正案九》修订扰乱法庭秩序罪这一罪名争议颇大。一方面,律师对此罪名的修改表达出强烈的不满,担心法官会滥用职权,影响控辩审三方平等,妨碍律师有效辩护;另一方面,作为罪名的拥护者——法官却深表赞同。修改扰乱法庭秩序罪并不是无的放矢,这是在当前司法公平和正义存在不足的背景下,立法所做的调整。笔者认为为了维护司法权威,构建法律职业共同体,对于殴打诉讼参与人以及侮辱、诽谤、威胁司法工作人员或者诉讼参与人、不听法庭制止等严重扰乱法庭秩序应当给予处罚。但是“侮辱、诽谤、威胁”过于主观性,容易诱发滥用司法权力,阻碍司法公正。为避免该条款被法官乱用,在司法实践中应该注意以下几点:抑制刑法冲动;注重情节权衡;善意适用法律;坚持控辩平等;使用管辖回避。 “Amendment 9 to the Criminal Law” to amend the crime of disturbing the order of the court controversial quite controversial. On the one hand, lawyers expressed strong dissatisfaction with the revision of the charges, fearing that judges would abuse their powers, affect the equality of prosecutors and defense parties, and prevent lawyers from effectively defending them. On the other hand, the advocates who serve as guilty accusations are highly endorsed by judges. Amending the crime of disrupting the court order is not an ineffable target. This is an adjustment made by the legislature under the current deficiencies in judicial fairness and justice. In my opinion, in order to safeguard judicial authority and build up a community of legal professionals, penalties should be imposed on those who beaten lawsuits, insults, defamation, threats to judicial personnel or participants in the litigation, and seriously disrupt the court order if they do not listen to the court proceedings. However, “insults, defamation, threats” are too subjective and can easily lead to abuse of judicial power and obstruction of judicial fairness. In order to avoid this article being arbitrarily used by judges, we should pay attention to the following points in judicial practice: to suppress the impulse of criminal law; to pay attention to the balance of circumstances; to apply the law in good faith; to maintain the equality of prosecution and defense; and to use jurisdictional avoidance.