Transplantation Of The Crime Of Harming Business Into Chinese Law And The Problems Related

In recent years,there are more and more new types of obstruction of business in China.Correspondingly,at present,the relevant domestic legislation on businessobstructing behaviors is not perfect,so that other legal provisions are often used to regulate such behaviors in judicial practice,resulting in ineffective protection of some business behaviors and the inability to accurately apply the law.Therefore,the scope dispute of business in the crime of harming business is further clearly explained with reference to Japanese criminal law.Through the distinction and definition of official business and business in Japanese criminal law circles,this thesis analyzes the specific meaning of business,studies the object identification of business in the crime of harming business in Japan,clarifies the specific content and scope of business,and carries out value analysis,and then analyzes the necessity of adding the crime of harming business in China,and puts forward the possible scheme and specific legislative scheme design,which can provide reference and help for the relevant legal vacancies in China at present.The main body of this article is divided into four parts to study the legislative introduction of the crime of harming business.The first part expounds the theoretical definition of business nuisance behavior,analyzes what kind of behavior belongs to business nuisance behavior,and summarizes the types of business nuisance behavior from the existing behaviors.Then,from the current legislative situation of this behavior in China,it analyzes the shortcomings of the regulation of this kind of behavior in past cases.The second part is the normative investigation of the crime of harming business in Japan.This part mainly discusses the legislative provisions of the crime of harming business in Japan and the main controversial issues in recent years,and introduces various theories of the relationship between official business and business in Japanese academic circles,so as to detect the change of tendency in legal trial.The third part mainly narrates the basic position of criminal law scholars in China on the introduction of the crime of harming business,considering their views from the perspectives of supporters and opponents respectively,so as to analyze the incompleteness of the protection of this kind of behavior in China’s existing laws and the rationality of introducing this crime.The fourth part analyzes the possible choice of China’s legislation to regulate the obstruction of business behavior,puts forward specific suggestions on the design of legislative pro-visions,and explores the rationality and perfection of the legal regulation of current and future legal business behavior under this scheme.