Research On Several Difficult Qusetions About Injury To Production & Business

Injury to Production &Business(IPB), subscribed in article 276 of Chapter 5 in the Criminal Law of People's Republic of China revised in 1997 (brief as"1997CL"), although could be tracked even before 1997CL, has not given rises to much theoretical study, as well as judicial interpretation, which causes a lot of fuses to the deciding of cases. The author, who gets access to various cases, owing to her criminal prosecution career, is inspired to made an overall review on the so-far theory and practice of IPB, and then to contribute her own arguments.The paper has 5 chapters, of which 1-4 discusses several key issues on IPB and provided a ground for further improvement in chapter5. The paper collects 14 real cases, of which, several from author's experiences, the other from journals or newspapers. Since it's possible that one case involves more than one issues, it's more considerate to put cases ahead of each chapter.The 1^st chapter is about the legal interest, which is essential to the interpretation of Tatbestand, and is help to grab the essence of the crime as a whole, as well as to figure out the puzzlement of the application. Since the concept of fayi is not our home invention, a brief introduction is reasonable.The 2^nd chapter is about"injury", which is copied from the 1979 criminal law but has been fallen behind the real world to such extend that it causes much fuses about the proper description of the so-called"injury". The author, on the base of concluding different academic propositions and trial judgment of the subject, gives her own point.The 3^rd chapter is about"Production &Business"which is more or less difficult to understand. Though the IPB article is born from the Injury to Community Production, its still puzzling to identify the difference between the P&B and the CP. The paper try her best to make some analysis in order to offer a stepping tone for a better understanding.The 4^th chapter is about the purpose of IPB which is descript as"for purposes of giving vent to spite or retaliating or out of other personal motives."But what does it really means by"for the purpose of", is it subjective essentials of the crime? Or does it really matter for the deciding of cases? The paper gives her reply.The last chapter involves improvement of the legislation of IPB, which is based on the analysis of the former arguments. The paper hopes to provide a basket of useful tools for the deciding of cases.