Research Of Objective Aspect On The Crime Against Public Affairs

The crime against public affairs is a concrete charge that the criminal law stipulates in its article 277 of crimes of disrupting public order of section one of chapter six, this article contains four contents together, and they have defined the behavior of impairing public affairs respectively. The application of the crime against public affairs guarantees that national public affairs are carried out normally in the judicial practice, and the penalty means plays a positive role on punishing and taking precautions against impairing public affairs. This text probes into several following respects especially.About the relevant problems of" the public affair or post ", the public affair is the affairs about the state and collective, have the characteristics of management and power, and is the control over public affairs, this kind of public affairs already can be the national affairs and can be also social affairs and collective affairs too. The execution of public affairs must regard legitimacy of the public affair as the prerequisite, the behavior that are carrying out the public affair must be in accordance with those stipulated legally, indispensable important conditions, ways, range and procedure, but we should not assert it only from its form while asserting whether the form is legal or not, but should assert in conjunction with the content of public affairs carried out, procedure and entity should be regarded as equally important, the sense of principle and flexibility should be unified.Impairing the public affair is harmful to the execution of public affairs, according to the stipulations of the crime against public affairs, besides the fourth content, impairing the public affair in criminal law should refer to the behavior harmful to the public affair by taking violence, threat as the manner, the purpose is hindering the execution of the public affair. The indirect violence are all the act of violence that actors implement withed the purpose of impairing the public affair, no matter the consequence or the actor's subjective malignant intensity, it has no difference with the way that the direct violence establishes the crime against public affairs. Tangible violence and invisible violence all have social harmfulness, and they both can cause the outcome of impairing execution of the public affair. Threat means that implements spirit force to the government staff carrying out the post in accordance with the law, for instance threatening to murder, injure, destroy the property, damage reputation etc, make him be unable to carry out the post or fulfill the duty. And have its legal characteristics.The behavioral target of the crime against public affair have only three kinds of people at the strict meaning according to clause, i.e. state personnel, the deputies of National People's Congress and the local People's Congress at all levels, staff members of Red Cross, but the staff in organs of the Communist Party of China at all levels, organs of people's political consultative conference at all levels, the organs of the democratic party at all levels, things such as working facilities and the special-purpose vehicle of government offices and the unit of the Red Cross etc, trusted or the law, the person that be authorized to engage in public affairs, relatives and friends of state personnel, deputies of the National People's Congress at all levels and the staff members of Red Cross, the staff members in mass autonomy organizations such as residents committee, villagers' committee etc. whether they could become the behavioral target, the circle of theory and the practice circle have greater disputes.The dispute of the intensity the violence and threat exists in the crime against public affair, there are the abstract dangerous crime, the behavior crime, the crime with real hurt and the result crime different views, there is battle of the crime shape of the accomplished and abortive one. This crime and another involve the shape about the number of the crime with imagined concurrence, the concurrence of law articles, the implicated crime.The crime against public affair of 277th article in current criminal law has absorbed relevant legislative spirit and has met the needs of administration of justice in a certain period and limit, but have congenital insufficient legislation too, relevant regulation lag behind on real need of punishing the behavior of impairing public affairs, contents of relevant clause violate the principle that an offence, responsibility and the punishment should be equal, relevant judicial explanation violates the principle of legality about crime and punishment, these will need be coordinated better in afterward legislation and explanation and guarantee the social function of criminal law.