Research On The Crime Of Obstructing Public Business

Obstructing public business as constitutive requirements by regulation in the criminal law theory, the sixth chapter points to the detriment of the social management order crime disrupting public order crime in section 1 of article 1, article two hundred and seventy-seven, the arrangement of the chapter in the specific provisions of criminal law in our country is the object of crime infringes upon the degree of importance as the basis, on the basis of the type of object, on charges of criminal law can be divided into ten chapters. Obstructing public business regulation in the sixth chapter, the protection of legal interests is the social public management order, to the connotation of value object, namely the direct effect of object by wrongdoing, not just obstructing public business be specific in the standardization of staff members of state organs, people's congress, the Red Cross workers, state security organs and public security organs, I think should also be appropriate to expand scope of objects. The objective aspects of obstructing public business, know wrong, criminal pattern of behavior is common in the judicial practice faces some problems, these problems be solved in theory for obstructing public business in the judicial practice to provide guidance, can play a good suitable for all kinds of problems under the new situation, and the judiciary can be direct, efficient, convenient use, to achieve the unity of theory and practice.On August 29, 2015, the 12 th session of the standing committee of the National People's Congress adopted an amendment to the criminal law of the People's Republic of China the sixteenth meeting of nine, the provisions of article 21 of its: increase a in article two hundred and seventy-seven of the criminal law as article 5: "violence are carrying out their duties according to law of the people's police, according to the provisions of the first paragraph shall be given a heavier punishment. At first, this paper analyze the content of the specification for obstructing public business, about the" violence ", "threat" and "in accordance with the" abstract regulations were analyzed, and then the obstructing public business, the behavior of the objective aspect, object, understanding error, discusses the criminal pattern, then in theory the obstructing public business are faced with the problem in the judicial practice to respond, according to the obstructing public business in the aspect of theory and practice of not harmonious, adopt measures to improve the real obstructing publicbusiness as the basis to solve the problem of reality rather than a burdensome, the above three parts interlocking, distinct, logical, structured. To found the problem as a starting point, to solve the problem for the purpose, to provide advice as the means, in the face of the current period of social transition in China, all kinds of complex problems of obstructing public business should keep pace with The Times have criminal law gives it its proper role.