| The article 277 of the criminal law in our country prescribed crime of endangering public affairs,which has legally recognized the legal interest infringement of official behavior,thus, clearing the protection of criminal law of public affairs in legislation;However, for the general affairs of the non-public affairs behavior,both the civil law, administrative law and criminal law,do not specify them.It's a big legal loophole of our country's law system. The meaning of the thesis is to arise the the academe focus on "business " protection,making the criminal law really do public affairs with he equal protection of the business. Basic ideas of the paper is firstly introducing the detriment of crime of endangering public affairs in the Japanese academic circles and judicial practice.Then basing on the chinese practice,we put forward the enlightenment to China's criminal legislation. Apart from the introduction and conclusion,there are four parts in the thesis. The aggregate are around 35000.In the first part,we introduce the legislative regulation of the Japanese to crime of endangering business,giving a systematic overview to the standard text of crime of endangering business.In Japan,disrupt business behavior is divided into regulations in criminal law of Japan and the regulations in Japan's light crime law.The crime of endangering business in Japan's criminal law restricted to specific economic activities into six articles in the first.The it was restricted in the "the crime of credit and business"in chapter 35,finally forming the legislative mode of "Trick crime of endangering business", "power crime of endangering business", "sabotage operations such as destruction of the electronic computer crime". Then, before the introduction of the crime of obstructing business in Japan's “Light Crime Law”, this article firstly introduces this law, and points out the feature that the criminal acts provided in Japan's “Light Crime Law” are not treated as crime or just regulated according to the “Security Administration Punishment Law" and other laws and administrative regulations in China. Subsequently, it also illustrates specifically the characteristics of the crime of obstructing business in the “Light Crime Law”, including what is“ obstructing others business through tricks, violence and other ways ”as well as the scope of “business”, etc, to lay the foundation of further understanding in the later section of the crime of obstructing business in Japan.In the second part of this article, the basic constitution of the crime of obstructing business is discussed from four aspects: the legal interests infringed by this crime, the meaning of “business” in this crime, the ground for elimination of misfeasance and the disputes between actual damage offense and concrete dangerous crime of the crime of obstructing business. As for the legal interests infringed by this crime, Japanese scholars are divided into three categories of views: firstly, it is regarded as property crime because economic activity is the main content of the business; secondly, this crime is to protect the freedom of social activities, so it is a crime against freedom; thirdly, the eclecticism, which means that this kind of crime infringes both property and freedom. As for this problem, the eclecticism is more appreciated in this paper. The business in obstruction of business crime, has always been a Japanese academic debate. First of all,the article introduces what is the "business" in Japanese academia.Secondly, it was discussed the most controversial the legality of the business, the distinction between public and business issues and the continuation of the business requirements problems. About the controversy of exclude illegality subject in obstruction of business crime, Japanese academia only discussed the boundaries between the conducts of obstructing business and the Labor Dispute behavior. About the dispute between actual damage offense and Concrete dangerous crime in crime of obstruction of business, Japan's academic support will be crime of obstruction of business identified as actual damage offense. To restrict the abuse of the crime of obstruction of business. However, the Japanese practice is difficult to determine whether or not the results have been caused by the practice, so it is generally recognized as a specific dangerous criminal. The second part of the article is the analysis of the crime of disrupting business from the aspect of the whole, so this part is the common feature of the crime of obstructing business, the crime of obstructing business through violence, and the crime of obstructing business through destroying computers etc.The third part is the Japanese criminal obstruction of business charges of each specific behavior in detail. Specifically speaking,the tricks in the crime of obstructing business through tricks includes spreading false information and using tricks. At the same time, this part enumerates some cases to understanding this accusation. And the violence in the crime of obstructing business through violence is something called power which is enough to quell the meaning of others forces, or according to the power of one part to influence the behavior of others, and the number of people around the state, and pressure sufficient to produce one of the victims of the meaning of freedom of the perpetrator party forces, and it is very firmly, the violence and threats belong to a more severe power. About the crime of obstructing business through violence, there are also some cases to support the points in this part. Finally, from the necessity of this provision, the concept of the computer, the particularity of acts, and the “computer can not run in accordance with the intended use or purpose of use violation run” to explore the necessity of the fact that the elements of the crime of obstructing business through destroying computers deeply.The fourth part mainly discusses the enlightenment meaning of the crime of obstructing business in Japan to China's criminal legislation. It firstly analyzes the crime of obstructing business in Japan from general perspective, pointing out its advantages and drawbacks. Then, it discusses the necessity of introducing the crime of obstructing business to China from four aspects, namely, its serious injury to legal benefits,the weakness even lack of laws and regulations in other areas with respect to conducts of obstructing business, limitations of China's criminal law to aforesaid conducts and equal protection to public affairs and business. At last, concerning the legislation structure of the crime of obstructing business, this article believes that our criminal law should include the crime of obstructing business after judging relevant regulations in Japan, and the crime of obstructing business shall be regarded generally as real damage offence and as potential damage offence when it is committed through violence or threats. With reference to the regulation mode of crime of fraud and crime of contractual fraud, the crime of obstructing public affairs shall be regulated as a special kind of crime of obstructing business. |
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