The Research Of Nature Of The Malicious Behavior By Booking Air Tickets On Internet

The Crimes of Sabotaging Production and Business Operation in the chapter of Crimes of Property Violation in the current Criminal Law was adjusted from the chapter ? that The Crimes of Undermining the Socialist Economic Order in the Old Criminal Law(1997).Then alongside the adjustment,the legal interests which protection of production and operation activities adjust to protect the normal production and operating activities and the property ownership and the original right.The adjustment of the legal interests of protection will inevitably lead to changes in the scope of the behavioral method,and the criminal behavior of destroyed the production and business operation which except of property violation can not be incorporated into the scope of "other methods" of Sabotaging Production and Business Operation in the current Criminal Law.This paper will analyze the properties of infringement behavior of production and business operation by the case which Mr.Dong hacked into the reservation system and then cause great malicious damage by booking air tickets.This paper is divided into four parts.The first part introduces the basic situation of the case.There are several values in the Mr.Dong's case,one viewpoint is that Mr Dong's behavior has constituted the Crimes of Destruction of computer Information systems,some people' consider that the behavior has constituted the Crimes of Sabotaging Production and Business Operation,but the others argue that Mr.Dong is innocent.The controversy focuses of the case are those whether the amount of the penalty can be used as the amount of crime in this case? Whether the "Other methods" are limited to the methods of violation of property? Whether the Crimes of Sabotaging Production and Business Operation is a special item of the Crimes of Intentional Damage of Property?The second part takes a juristic analysis on the relevant issues.The causation in criminal law is objective,the Condition Theory will expand the scope of the causal relationship improperly,So it is necessary to give some limitation of " Condition Theory " by objective standard.There is no legal hierarchy between the methods of criminal law interpretation,and the conclusions of legal interpretation should check each other by the approach of explaining law.If the interpretation conclusions are contradictory each other,it should be investigated again by literal interpretation and purpose interpretation.Proposal interpretation conclusion should be chosen if it is not beyond the literal interpretation conclusion.Anther way,literal interpretation conclusion is the first choice.Enactment overlapping is a kind of contrary relationship rather than the relation of category and predictability.The constituent elements of common articles are not included in the elements of the special articles,and then we can not explain the special articles by the interpretation methods of common articles.The third part is the analysis and conclusion of this case.The fine can not be regard as the amount of crime in this case,and it cannot be fill the prosecution standard of the Crimes of Sabotaging Production and Business Operation.The conclusions are the same by the methods of literal interpretation,systematic interpretation and historical interpretation on the "Other methods",but it is controversy to the Proposal interpretation conclusion.According to the theory of the level of interpretation on the criminal law,it should chose the proposal interpretation conclusion if the conclusion is not beyond the scope of the literal interpretation,” other methods” should be explained as a method of violation of property.The business interest does not belong to the criminal property,but the malicious behavior of booking air tickets just infringe the business interest,Mr.Dong' behavior does not constitute the Crimes of Sabotaging Production and Business Operation because there is no violation of criminal property.So they are the relationship of Enactment overlapping between the Crimes of Intentional Damage of Property and the Crimes of Sabotaging Production and Business Operation.The former belongs to special article of the latter's,but we still can not deduct the property based on the theory of Enactment overlapping from the "other methods".in the last,Mr.Dong is innocence and his behavior does not constitute any crime.The fourth part is insight of the study in the case.It is necessary to amend the current criminal law to protect the production and operation activities,because the Crimes of Sabotaging Production and Business Operation is outside the protection of the production and operation activities.First,it should be adjust the position of the Crimes of Sabotaging Production and Business Operation in the criminal law,it means from the chapter of crimes of property violation to the chapter of The Crimes of Undermining the Socialist Economic Order.Second,it should be amend some provisions of Crimes of Sabotaging Production and Business Operation,such as modifies the "destroying machines,destroyed animals or damage production and operation by other means " to "destroy the production and business operation by violence,coercion or deception".Third,it should be improve the prosecution standard of the Crimes of Sabotaging Production and Business Operation,such as change “the lose of the public or private property” in the first provision of thirty-fourth article in Legal Standard of Prosecution to “the direct economic damage of production and operation ”.At the same time,it should be increase the amount of standard of "five thousand Yuan " by six or ten times,cancel the third provisions of the standard number of people and increase the standard of time of destructing production and operation,it suggests to regulate as " led to the suspension of production or business over 8 hours or be totaled more than 24 hours ".