Doctrinal Interpretation Of The Crime Of Destroying Production And Management Under Network Environment

In the Internet age,judges face new problems when applying the crime of sabotaging production and business operations.Great changes have taken place in the mode of production and operation in some industrial fields,which brings many new confusions to the identification of destructive production and operation behaviors in this field.In the Internet age,conservative interpretation of Article 276 of the Criminal Law obviously cannot adapt to the current criminal status of the crime of sabotaging production and business operations.Therefore,it is urgent to re-interpret the crime of sabotaging production and operation,so that the traditional crime of sabotaging production and operation can keep up with the development requirements of the Internet era while ensuring the stability of the criminal law and the unification of the application of the criminal law.The paper is divided into the following parts: In the first part,the author introduces the disputes on the determination of the crime of destruction of production and operation in judicial practice in the network age through judicial data,and analyzes the impact on the most traditional interpretation of destruction of production and operation in the network environment based on the characteristics of the network age.For which,In the second part of this paper,the author explores the judicial evolution of this crime,that is,the change from the crime of destroying collective production in the criminal law in 1979 to the crime of destroying production and operation in the criminal law in 1997,and discusses and clarifies the legal interests protected by the crime of destroying production and operation as complex objects,namely property rights and normal production and operation order.In the third part,the author mainly discusses the definition of production and operation,that is,whether it is productive,profitable and legitimate in the network age.Under the guidance of the legal interests of this crime,the author then discusses the boundary of other methods of interpretation of this crime by using the method of homogeneous interpretation.