On The Crime Of Damage To Traffic Facilities

The behavior of crime of sabotaging transportation facilities is the main basis to identify the crime of sabotaging transportation facilities. How to determine the criminal behavior is directly related to whether or not the offence is convicted. The object of sabotaging transportation facilities behavior is transport facilities which can be classified in accordance with the provisions in the criminal law, e.g., the track can be classified as iron rail, light rail, rail and etc., the sign can be categorized as the traffic light, sign post & road sign on the land, navigation targets, and the weather vane of the aircraft; bridge, according to the different component, can be reinforced concrete bridge, stone bridge, wooden bridge & Iron bridge,even the aerial cable way can be assorted according to the different construction purposes such as for the public interest, for the economic purposes or for supporting service of the cable facilities etc.. It is believed that the affiliated facilities of traffic facilities are also part of the transport facilities. The cable way is also transport facilities, if not expressed in the fundamental law. Those which are rarely used and have no harm the public safety can not be regarded as transport facilities according to the actual situation. The implementation of the crime is damage, which can be divided into three situations: First, physical damage, i.e., taking various methods including some most common physical damages like firing, flooding and explosion, etc. to damage the transportation facilities in use. Second, similar physical damage with "additive principle" or "subtraction rule". "Additive principle" is referred to the situation which the traffic facilities are attached to obstacles, and the most common situation of "subtraction rule" is the change of the original inherent position and specific condition of traffic facilities; Third, the internal information failure, i.e., the act of threatening traffic safety by making the transportation facilities releasing wrong information or signals. The consequences of the criminal behavior are divided into two kinds. One is to have actual consequences, which has resulted in the overturning and destroying of transport, the other is possible consequences, which bring the risk and possibility of the overturning and destroying of transport although it has not resulted in actual damage.