The Crime Of Intentional Damage Of Properties Research

Intentionally damaging property crime as a type of crime against property in our country was the first enacted in 1979, which is in the one hundred and fifty-six Article. The charges only regulations, serious destruction behavior by the criminal law adjustment, the destruction of other minor behavior by the "law on public security administration punishments" carry on punishment, It into crime sentencing by "three years of fixed-term imprisonment or a fine below", a lesser penalty, in judicial practice cannot implement appropriate to the basic principle of crime punishment, corresponding changes in 1997 of the criminal law, therefore, increases the case amount standards and especially serious circumstances, the sentencing range increases the range of 3 to 7 years in prison, and did not cause this crime after lawmakers, attaches great importance to understanding how the deliberate destruction of objects, destroy and destroy itself is no clear definition of the concept of cause complicated case applicable law controversy in the judicial practice, the judge can only common working experience for some cases of evaluation, contrary to the clarity of the criminal law, if the excessive destruction behavior into the category of the criminal law, and contrary to the tolerance spirit in the criminal law. So this article will be on the basis of physical damage, defines the concept of this crime, the constitutive requirements and practical cases, the use of legal fiction to build the deliberate destruction behavior the type of the system and its legal sentence refactoring, rigid, and solve the judicial practice faces criminal law article lag even when the blank the embarrassment of applicable law, based on the maintenance of the unification of legal system, to ensure that individual justice.