The Research Of Objective Aspect On The Crime Of Against Public Affairs

Crime of against Public affairs in China is one kind of common crime, because our country is being in the social transition period, and the contradiction is prominent. The number of the case had the tendency which day by day increased. This is not conducive to constructing our country harmonious society and completing the socialism country under the rule of law. The 277th of Criminal law make a stipulation to punish the illegal activity which hindered the country management activity, the law came by 1979's Criminal law, and was made the division and change, because of the brief and abstract sentence of clause, which forms the unified regulations with difficulty the understanding in reality and lead to several difficulties and confusion, The educational world already had a part of discussion and the theory to this crime, but not thorough careful, therefore the author prefers the inferior topic to conduct the research, in order to discuss this crime from objective aspect of the Crime of against Public affairs, consummate present criminal law to this crime's stipulation, with the aim of solving the judicature to recognize the question difficultly, standard unification actual operation.This article elaborates the concept of the crime of against Public affairs first, elaborate the manifestation of concrete elaboration hindrance official business behavior, including violence and threat method..The article thorough analysis violence and threat meaning and how to understand their limit, then research "hindrance behavior" object. According to criminal law 277th, The Crime of against Public affairs'behavior object only include the state personnel, the National People's Congress and place all levels of the National People's Congress represents, Red Cross staff these three kind of personnel in strict significance, the author thought that range extension to the person who is entrusted and Communist Party of China's all levels of institutions or the laws and regulations authorization are engaged in official business, In the particular case mass autonomous organization's and so on in the Residents' committee, villagers committee staff performances of official functions may also regarded as this crime's object. The goods and the property with carried out duty close contacting also to recognize as the object hindering the behavior. Finally this article carried the careful analysis and the research on how to recognize to the behavior that involves the question that carries out the behavior validity and the question with the timeliness. In the article unifies the illustrative case evaluation, is for the purpose of making the deep impression to the human, clearer explicit proof viewpoint.In the present, criminal law to hinders official business crime's stipulation, although meets the judicial practice demand in certain time internal energy, At the present looks like already lagged to a great extent in society's realistic need. The author carries on the above research expectation to consummate the hinders official business crime law and the connotation with legislative or the explanation way, in order to guarantee the social function of the criminal law.