The Judicial Cognizance Of Obstructing Public Business

Obstructing public business is a kind of common crime, in recent years, disrupt business cases are increasing and affecting the country’s stability and development.China’s \ "criminal law\" the 277 th regulation of obstructing public business is too simple and abstract, the judicial practice in such cases with complex diversity, so the judicial practical departments for obstructing public business, understand there is a big controversy, such cases a lot at the critical point of crime and the crime, affected the seriousness of the case the referee standard and unity, to avoid different connection with the given situation, the author study of this crime, hope to be helpful to the practice. This article is divided into four chapters, the main content is as follows:First chapter for the obstructing public business "engaged in official business in accordance with the" understanding, mainly including what duties, the scope of the "law", the legality of business judgment and business activities of "when", the author thinks that business is not only the things about the state and the collective, but also the floorboard of the social public and national business; "Law" includes not only normative documents and the normative documents; The legality of public service is substantial legal form and legal, the judge is the judge, when the judgment standards on the basis of behavior; Official business activities of the "when", including preparation stage and the actual execution stage. The second chapter for obstructing public business behavior analysis, mainly including obstructing public business object behavior main body, behavior, and behavior. The behavior main body unit cannot constitute obstructing public business, namely; The behavior method introduces the connotation of violence, threat, scope and intensity, violence, including direct violence and indirect violence, including physical strength, but does not include intangible force, the strength of the violent ceiling which caused serious injury, death,the consequences shall be convicted and punished, intentional killing cime in the criminal law with intentional injury, the strength of the lower limit of violence or minor injury following consequences don’t think the crime, the crime of violence only includes the following more than slight injury, minor injuries; Threatening behavior should be to the detriment of the business reality and obvious implementation difficulties as necessary, threatened to commit suicide and self-harm in the way to thedetriment of the official duties constitute obstructing public business; Behavior object contract staff and is closely related to obstructing public business, financial and can become the crime object of this crime; National office working personnel of family and friends can’t be the object of crime of this crime; Residents’ committee or villagers’ committee staff on behalf of the state to receive public money, when carrying out family planning and other work can be identified as national office working personnel, be the object of crime of this crime, in the performance of the collective affairs cannot as the crime object of this crime. Third chapter for deliberately and knowingly of obstructing public business, this paper introduces the contents of deliberately and knowingly and decided that includes direct intent and indirect intent; In recognizing errors affect conviction this crime, about the cognizance of the fact that mistakes affect the establishment of this crime.