| 单词 | Civil contempt |
| 释义 | 民事藐視 A form of contempt of court involving disobedience by a party to a civil action of a specific order made on him in that action. Civil contempts are punished at the request and for the sole benefit of the other party to the civil action. Civil contempt bears a two-fold character, implying as between the parties to the proceedings merely a right to exercise and a liability to submit to a form of civil execution, but between the party in the default and the state, a penal or disciplinary jurisdiction to be exercised by the court in the public interest: Phonographic Performance Ltd v Amusement Caterers (Peckham) Ltd [1964] 1 Ch 195; Pappadis v Chan Shing Sheng Barry [1989] 2 HKC 369. The administration of justice would be undermined if the order of any court of law could be disregarded with impunity; but no sufficient public interest is served by punishing the offender if the only person for whose benefit the order was made chooses not to insist on its enforcement: A-G v Times Newspapers Ltd [1974] AC 273, [1974] 3 All ER 54. Also known as ‘contempt in procedure’. See also Contempt of court; Criminal contempt. 一種藐視法庭的形式，涉及民事訴訟中的一方不服從法庭對其作出的特定命令。如懲罰乃應民事訴訟中的另一方的要求及純粹為該另一方的利益，則該民事藐視須被懲罰。民事藐視具有雙重特性：就訴訟雙方之間而言，民事藐視僅是行使某種民事執行令的權利，及接受該種民事執行令的責任；但就失責的一方與國家之間來說，則是法庭為符合公眾利益而行使的懲治式或紀律管轄權：Phonographic Performance Ltd v Amusement Caterers (Peckham) Ltd [1964] 1 Ch 195; Pappadis v Chan Shing Sheng Barry [1989] 2 HKC 369。但如任何法庭的命令可免除懲罰地被不予理會，則公眾利益會被損害：A-G v Times Newspapers Ltd [1974] AC 273, [1974] 3 All ER 54。另稱「程序上的藐視」。另見 Contempt of court; Criminal contempt。 |
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