Reconstruction Of The Crime Of Sabotaging Production And Business Operation In The Age Of Network

With the prosperity and development of e-commerce in our country,the behavior of seriously destroying the network operation by means of swiping the list and speculating is increasingly rampant.Therefore,under the principle of legality,we can reconstruct the crime of damaging production and operation from three aspects: protecting legal interests,harming behaviors and behavior objects,so as to punish such behaviors and ensure the healthy development of e-commerce.First of all,in the network era,the property of production and operation activities has not only been embodied in the material property represented by machinery and equipment,farming animals,etc.,but also more embodied in the search ranking,traffic,fans,etc.as its production factors,reflecting intangible property interests such as product or service reputation.The criminal law places the crime of destroying production and operation under the crime of property,which shows that the focus of its protection is the legal interest of the property of production and operation,rather than the freedom or order of production and operation.Therefore,the property interests as the "big head" of the property in the network business activities should be regarded as the protection legal interest of the crime of destroying production and operation just as the material property of production and operation.Secondly,"destroying machinery and equipment,destroying farm animals" is embodied in physical destruction of material means of production,however,its essence is directly acting on the production and operation factors,making the production and operation seriously deviate from the natural process,so as to achieve the effect of destruction.Therefore,the "other methods" of the crime of destroying production and operation need not be limited to the physical "destruction" and "mutilation" of the material means of production,it should include other destruction actions that directly affect the production and operation factors and are equivalent to "destruction" and "maiming".Finally,with the development of the Internet era,the scope and mode of production and management have changed significantly,which is manifested in the transformation from material production to non-material production,and the transformation from traditional physical means of production to information-based management elements.The increase of the proportion of information management elements is an important sign of innovation and entrepreneurship to promote industrial upgrading in recent years.Therefore,in the network age,the object of the crime of destroying production and operation is no longer limited to the material means of production,but also includes the non-material elements of operation,such as information resources,social evaluation resources,which are directly involved in theprocess of production and operation and are equally important to the material means of production.