| In recent years, with the development of China’s social and economic survival of the fittest in the increasingly fierce market competition, more and more high-tech enterprises, the temptation of various economic interests are varied, a direct result of employees infringement, crime is high, easy hair trend,"tort duties" type of small cases more, while hundreds of millions, tens of millions of major cases have also shown substantial improvement phenomenon, but with nothing in the case of criminal destruction of production and operation, can easily lead to crime dispute with this crime and non-crime of the crime.In this paper, the destruction of production and operation Zhu such a case does not have the typical sense, for example, the behavior of the defendant Zhu encryption cases were legal analysis, detailed discussion of the "crime of destruction of production and operation of the" main object constituent elements, and the case related theoretical issues raised are described.In this paper, the content is divided into three parts. The first part of this paper "Zhu’s case" basic details of a case, first of all, a brief introduction to the case, then analyze the case study, points out that the case of a disputed point is located; The second part is about Zhu Mou how "encryption behavior","encryption" whether breach of contract, tort or crime should be how to carry out the judicial cognizance and in-depth discussion on the related legal issues, such as, especially the composition of a breach of the production and business operation to a detailed analysis; The third part is refer to current academic mainstream viewpoint and the latest laws and regulations, and relevant theories of the case cause problems are expounded. Put forward the basic method to distinguish tort from crime in the judicial practice in order to achieve accurate qualitative behavior, the maximum in complex cases shall protect the lawful rights and interests of enterprises, maintaining the legal fairness and justice. |
PDF Full Text Request