Research On The Judicial Application Of The Crime Of Destroying Production And Management

The legal interest of the crime of sabotaging production and business operation is not the ownership of property, nor the order of production and operation. The object of this crime is the production and operation, production and operation is not required for the purpose of profit, illegal production and management also needs to give legal protection, otherwise the order will not be protected, and the crime of production and operation is not required for the purpose of profit.Destruction of production and operation of the crime of "destruction" has no fixed meaning, because in China’s criminal law, "destruction" can refer to physical damage, can also refer to the state change, or even be adversely affected. For the other methods of the crime, should be recognized as draught animals, failure and mutilation behavior machine equivalent,should include power and trick.Destruction of production and operation of the crime is not absichtsdelikte,"revenge to vent their anger or other personal purpose" is not a crime, nor is this crime and the crime of sabotaging production and business operation is only the boundary element, and the motivation for criminal purposes can have a motive for the crime, can be more than one.The crime of intentional destruction of property and the crime of sabotaging production and business operation is not the relationship between the general law and the special law, and the two can constitute the concurrence.Explaining the constitutive elements of the crime of sabotaging production and business operation can endow the crime with new vitality, and regulate the behavior such as malicious registration, malicious praise, etc.