Theory Of Official Business Of Obstructing Public Business

Official behavior legitimacy should from the legal nature and legal form two aspects tojudgment, not ignored first, emphasis on legal entities, and attaches great importance to thelegal procedure. The legitimacy of the business behavior in obstructing public businessoccupies very important position, is the offender constitute the premise and foundation ofobstructing public business, to correctly define the crime of great value and significance. Butin the legitimacy of the current law of our country on official business behavior is not unifiedand clear rules, so the legitimacy of official business behavior in the judicial practice andconcluded that there are many differences and controversy. In view of this, this article on thebasis of the legitimacy of official business behavior and its related problem analysis anddiscussion, and put forward relevant judicial countermeasures and Suggestions.This article is divided into five parts, a total of about30000words.The article first part on the application of the obstructing public business situation tocarry on the summary in this paper. Mainly analyzes the concept and characteristics ofobstructing public business, there is excessive, sentencing lay particular stress on, protect theunequal situation of relationship between legitimacy and official business behavior.The second part analyzing the "official" obstructing public business. Of theadministrative law, criminal law in the sense of duty and in official crime, this crime isdeduced in business refers to the national business and relationship exists in the logic betweenthe cross. Effect of business behavior is analyzed consists of determining force and bindingforce and executive force, that led to the discussion of the legitimacy of official businessbehavior and recognized the premise condition.Article third part analyzes the legitimacy of official behavior of and recognized. Firstanalysis think compromise is relatively comprehensive definition of the legitimacy of officialbusiness behavior, legal official behavior should have the conditions are obtained. Secondlyanalyzing official behavior the validity should be decided by the court standing on the groundof behavior, and puts forward the specific situations should empower the other partyrecognized the legitimacy of official business behavior. The article fourth part analyzes the legal defence of obstructing public business, from theside stressed that official behavior legitimacy is the premise and foundation of this crime.First analysis the concept of official behavior of improper, inappropriate business behaviorshould be divided into general defects of business behavior and invalid official behavior, andthen release the other party can’t exercise the right of defense general defects of businessbehavior, and the invalid official behavior may exercise the right of defense. Secondlydiscussed the inappropriate business behavior and the relationship between the criminal lawapplicable of obstructing public business.The article fifth part for obstructing public business problems in the judicial practice,from the stress and value legitimacy on official business behavior in judicial aspects putforward relevant improvement Suggestions.