Study On The Path Of Interpretation Of "Other Methods" In The Crime Of Sabotaging Production And Business Operations Under The Background Of The Digital Society

In January 2022,the Supreme People’s Court issued the "Guidance on Giving Full Play to Judicial Functions to Assist the Development of Small and Medium-Sized Enterprises",which further proposed to exclude platform rules as well as algorithmic advantages to restrict competition in accordance with the law.The introduction of this guiding opinion has once again pushed into the limelight such acts as reverse swiping.Production and business activities are no longer limited to the mechanical and physical production and business methods,and judicial practice has not reached a unified view on how to solve such problems.In the Criminal Law,the only two listed offences are "mutilating farm animals" and "destroying machinery and equipment",with "other methods" as the backbone.These two enumerated items are a realistic portrayal of the production conditions in agricultural and industrial societies respectively,and are deeply marked by the economic life of that particular historical period.However,in the face of the ever-changing information network era,the act of sabotaging production and business has become invisible and hidden,in addition to "mutilation of farm animals" and "destruction of machinery and equipment",there are other socially harmful network behaviour.However,both the theoretical and judicial circles are divided in the face of such "new problems" and have come to different conclusions based on different views.Therefore,in order to prevent the breakthrough of the statutory bottom line of crime and punishment,it is necessary to discuss and clarify the boundary of this crime.The investigation of the protection of the legal interests of the crime of sabotage of production and business should not be separated from the property and conduct attributes of the crime.Although this crime was previously classified under the chapter of "crimes against the socialist economic order",since it has been adjusted,it should be reinterpreted.Therefore,the protection of the legal interest in this crime cannot be understood separately from the protection of property rights,and it is clearly more appropriate to refer to the economic interest generated in the course of production and business.Further,the standard of "like kind" cannot be determined without a discussion of the characteristics of the act.According to the examples cited in the provisions of this offence,including destruction and mutilation,from the destruction of machinery and equipment to the mutilation of farm animals,the specific understanding of the "same kind" standard,taking into account the premise of the same purpose and the same function,as the means of production belong to the property in the possession of the production operator,therefore,the destruction of production operations The object of the act of sabotage should be the entirety of the means of production that are directly involved in the process of production and business activity;and the act of sabotage is summarised as an act that can directly cause the loss of the necessary and immediate means of production,and thus can dominantly exclude the possibility of the normal conduct of production and business activity.Guided by this superordinate rule of the same kind,it follows that the essence of the "same kind" of conduct in the interpretation of "other methods" should be the direct deprivation of the means of production that have a direct,definite and dominant effect on the outcome of the production operation.In conclusion,according to the criterion of "of the same kind",when determining whether an act is "other methods" in the context of the offence of disruption of production and business,the scope of the means of production should first be determined according to the degree of domination over the results of production and business.The manner of the act and the object of the act are then examined to determine whether the act has a direct,dominant and definitive link to the ultimate result of the destruction,and the final conclusion is reached according to the above-mentioned route.